Dear Website User:
Please read these terms and conditions (terms) carefully before using this Website. By using this Website, including downloading materials from it, you agree to be bound by these terms. If you do not agree to be bound by these terms you should not use this Website.
1. Scope of use:
a. You may use this Website, or any information contained in this Website (Content), solely for personal, non-commercial use, unless you have our prior written consent. You may not modify, develop, reproduce, display or distribute any Content in any way unless you have our prior written consent. You may not transfer any Content to any third party unless you give that party notice of, and they agree to accept, the obligations arising under these terms.
b. In no event will our authorisation of the particular use of any Content represent a transfer of title in that Content or the grant of any express or implied right to you under any patent, trademark, copyright or trade secrets.
c. You may not upload anything onto, or disrupt or interfere with, this Website.
3. Submissions by you:
a. We do not want to receive from you, and you should not send to us, any confidential or proprietary information through this Website unless you have another written agreement with us regarding the sharing of such.
b. If you would like to receive information on how to submit any idea, concept or know-how to us please use the Contact Us facility and ask for our "Idea Submission Policy and Agreement”.
d. We do not want to receive from you, and you should not send to us, any information or materials that is misleading, defamatory, threatening, obscene or otherwise unlawful, or that incorporates a third party’s confidential or proprietary information without that party’s consent.
4. Links to other websites: We have not reviewed the websites linked to this Website and are not responsible for the accuracy or completeness of the content of, or the treatment of personal data submitted to, those websites. We do not represent as our own any of the views expressed on those websites and do not necessarily endorse those views.
5. Intellectual Property:
a. As between you and Ionixx Technologies, Inc., this Website and its Content (and in particular, the Intellectual Property, and all Intellectual Property Rights, in and to it) is hereby deemed the exclusive property of Ionixx Technologies, Inc. This Website and its Content is protected by copyright, trademark and other relevant laws. You agree to comply with all such laws worldwide and to prevent any unauthorised copying of any Content.
b. As between you and Ionixx Technologies, Inc., all Developed Property is hereby deemed the exclusive property of Ionixx Technologies, Inc. However, to the extent that any rights in such Developed Property vest in you, you shall unconditionally and irrevocably assign (and will procure that each of your employees, consultants, shareholders, directors, officers, customers, agents and advisors as is relevant shall unconditionally and irrevocably assign) to Ionixx Technologies, Inc. all rights, title and interest in and to such Developed Property. You must disclose promptly to Ionixx Technologies, Inc. all Developed Property. You must take all reasonable action to assist Ionixx Technologies, Inc. in securing Intellectual Property Rights to the Developed Property, the reasonable expense of which will be borne by Ionixx Technologies, Inc.
c. In the event any court or other tribunal of competent jurisdiction determines that any Intellectual Property (including any Intellectual Property Rights to it) cannot or will not be assigned as provided in these terms, you hereby grant to Ionixx Technologies, Inc. a fully paid up, worldwide, irrevocable, exclusive and unrestricted license to such Intellectual Property (including any Intellectual Property Rights to it), including the right to sub-license and make derivative works.
6. Indemnification: You agree to indemnify and to hold Ionixx Technologies, Inc. and our Representatives harmless from and against any claim, action, demand, loss, damage, liability proceeding and or expense (including reasonable attorneys' fees) suffered or incurred by us resulting from or which is related to your use of this Website or the Content or your breach of these terms.
a. Although every effort has been made to ensure its accuracy and completeness, the Content may contain technical inaccuracies or typographical errors, and we may make revisions to the Content without notice. We may also make improvements and/or changes to our products or services at any time without notice.
b. Nothing in this Website should be construed as expanding the intended use of any product or service beyond that permitted by the regulatory certifications and/or approvals that apply to that product or service in your jurisdiction.
c. None of the Content is intended as a medical advice of any kind. Please consult your physician on any health-related queries.
d. Our product suite includes tobacco smoke filters. Nothing in this Website is intended to encourage smokers to smoke or non-smokers to start smoking or to prevent smokers from quitting. Smoking causes grave injury to the lungs, heart and human health as a whole. We emphasise that the least health risk is in quitting smoking or not ever starting to smoke. You have the sole responsibility and discretion in making your decisions on smoking. We are not liable in any way for these decisions. Although our tobacco smoke filters have been developed in order to reduce base-pair DNA damage, the actual effects on human health are unknown. In providing this Website and its Content to you we make no health claims of any kind.
e. You acknowledge that any reliance on any Content shall be at your sole risk. The Content is provided "as is", without any representation or warranty, express or implied, of any kind including warranties of accuracy, completeness or currency of information, merchantability, non-infringement or fitness for any particular purpose. Some jurisdictions do not allow for the exclusion of implied representations or warranties, so those exclusions may not apply to you.
f. We do not guarantee that the Content will be error free or that this Website, the server that operates or the websites linked to this Website are free of viruses or other harmful elements.
g. To the extent permitted by law, we will not be liable to any Website User or other party for any direct, indirect, incidental, special or consequential damages resulting from the use of or reliance upon any Content.
a. All references to the terms Ionixx, we, us and our refer to Ionixx Technologies, Inc., and its controlled or controlling affiliates, as well as affiliates under common control.
b. Representatives means our employees, consultants, shareholders, directors, officers, customers, agents and advisors.
c. You refers to you, the Website User.
d. Developed Property means any and all Intellectual Property (and all Intellectual Property Rights to it) that you (solely or jointly with others) conceive or reduce to practice now or at any future time as a result of, or that would not have been conceived but for, your access to or use of this Website, or that is otherwise based on any Content.
e. Intellectual Property means designs, creations, patents, inventions, discoveries, developments, improvements, trade secrets, works of authorship, trademarks, trade names, symbols, logos or any other intellectual property of any kind (regardless of registerability) including any registrations, applications or provisional applications for them anywhere in the world.
f. Including means including, without limitation.
g. Intellectual Property Rights means any and all statutory and non-statutory rights, including moral rights, which protect or are available to protect Intellectual Property, products, services, or processes, against unauthorized use or copying worldwide.
h. Website includes the user interface, functionality, tools, software and content made available on pages under Ionixx Technologies, Inc.'s domain names, and includes all text, pictures, sound, graphics, video, Intellectual Property (including commercial or product designations), and any other data provided on this website, as such may be modified from time to time by Ionixx Technologies, Inc.
a. These terms are governed by, and should be construed according to, the laws of the Hong Kong Special Administrative Region.
b. You may not assign or transfer any rights or obligations under these terms.
c. If we do not exercise any right or remedy under these terms, this does not mean that they have been waived.
d. If any part of these terms is held to be or becomes unenforceable, illegal or invalid for any reason, such unenforceable, illegal or invalid part will be deemed to be severed from these terms, and the remainder will remain in full force and effect.
e. These terms constitute the entire understanding between you and us and supersede any prior agreements with respect to the terms’ subject matter.
f. Nothing in this Website constitutes, or should be construed as, an offer to sell or a solicitation to buy any of our products or services.
h. The English version of these terms will prevail over any version in another language which may be provided for information purposes.
10. Arbitration: Any disputes arising out of or in connection with these terms will be governed by and construed in accordance with laws of the Hong Kong Special Administrative Region and will be referred to and finally resolved by arbitration in accordance with the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules in force at the time of the filing of the notice of arbitration, which rules are deemed to be incorporated by reference into these terms, provided that a party is entitled to seek interim, interlocutory or other equitable relief from the arbitration tribunal or any court of competent jurisdiction. The arbitration proceedings shall be held in Hong Kong. The language of the proceedings shall be in English. All arbitration proceedings will be conducted before a single arbitrator mutually agreed by the parties, provided that such arbitrator must have experience in conducting arbitrations in the biotechnology or pollution abatement industries. The decision resulting from the arbitrator will be final and binding on the parties.