Effective Date: 28 July 2024
Welcome to Conexie Trading Pty Ltd ("Conexie", "We", "Us", "Our"). These Terms of Service ("Terms") govern your use of our services, including our website, applications, and Internet of Things (IoT) monitoring solutions for energy, water, gas, electricity, and other types of information (collectively, the "Services").
By using our Services, you agree to these Terms. If you do not agree to these Terms, do not use our Services.
1. About Us
1.1 Conexie Pty Ltd provides various platforms, including web portals, applications, and monitoring solutions, with facilities to:
Acquire data from a variety of sources, including existing devices, new devices, and APIs.
Add context to the data through calculations and processes to provide useful insights.
Apply data using tools within Conexie to meet customers' needs effectively and efficiently.
Facilitate collaboration among the right people to resolve issues or take action on insights within our web and mobile apps.
Provide continual updates to inform customers about the data and its use.
Use visualization tools such as graphs and charts to help customers understand the data and make informed decisions.
Offer governance tools for reporting and managing data effectively.
Provide utilities for sending data to other systems or applications.
1.2 Framework
Conexie is dedicated to providing our customers with the highest quality products and services. We understand that data is at the heart of everything we do, so we have developed a framework emphasizing the importance of data acquisition, information processing, application, and continual improvement.
Acquisition: The business of data acquisition is complex and varied. We partner with specialists who develop the solutions we deploy to surface your data.
Data: We source data from various sources, ensuring accuracy and relevance for informed decision-making.
Information: We add context to the data through calculations and processes to provide meaningful insights.
Application: Using Conexie tools, we apply data to our customers' needs efficiently:
Collaboration: Grouping the right people to resolve issues or act on insights within our web and mobile apps.
Awareness: Providing continuous updates to inform customers about data use.
Visualization: Using graphs and charts to help customers understand data.
Governance: Offering reporting tools for effective data management.
Utilities: Processes to send data to other systems or applications.
Continual Improvement: We believe there is always room for improvement. Our tools help de-silo, aggregate, and collaborate on actionable insights hidden within your data.
We believe this framework sets us apart and allows us to provide unmatched value to our customers in the industry.
2. Terms of Use and Privacy
2.1 By using the Services, you agree to be bound by these Terms of Use. Please use the Services only if you have read, understood, and agree to the Terms.
2.2 By using the Services, you consent to Conexie using the information you provide in accordance with Conexie’s Privacy Policy.
2.3 Conexie may from time to time update or modify these Terms and/or its Privacy Policy. These changes will be noted on the Conexie website (http://www.conexie.com).
2.4 By continuing to use the Services, you consent to any such updated or modified Terms or Privacy Policy.
3. Using the Services
3.1 When using the Services, you agree that you will: (a) Use them for personal use only and not use them in connection with any commercial or business purpose except in accordance with any commercial license agreement (see 3.2). (b) Not criticize or damage the reputation of any person or entity. (c) Not infringe any third-party rights. (d) Not carry out any illegal or criminal purpose on or via the Services.
3.2 If you are not the owner of the device on which the Services are accessed, you promise that you have the informed consent of the owner.
3.3 You acknowledge and agree that your right to use the Services may be revoked if you breach any of these Terms.
4. Representations
4.1 To the extent permitted by law, the Services are provided to you on an “as is” basis and may contain errors, faults, and inaccuracies and may not be complete or current.
4.2 Conexie makes no representations or warranties, express or implied with respect to the operation or suitability of the Services for any particular purpose; the availability, performance, security, characteristics, or operation of the Services; or the truthfulness or reliability of content provided by any third party, and, to the extent permitted by law, will not be responsible for breach of any such express or implied term.
5. Intellectual Property
5.1 The text, images, designs, graphics, pictures, applications, software, music, sound files, animation files, video files, and their arrangement on the Services (including third-party content) ("Service Content") are all subject to copyright and other intellectual property protection laws in Australia.
5.2 Conexie is the owner or licensee of all Service Content. Apart from any use that is permitted under the Copyright Act, all rights are reserved.
5.3 Service Content may not be copied, reproduced, adapted, transmitted, or distributed, nor may these objects be modified or reposted to other Internet sites, without Conexie’s consent. Some content is subject to the copyright rights of third-party content providers.
5.4 You acknowledge that all intellectual property rights in the Service Content throughout the world belong to Conexie or its related entities, or its suppliers or affiliates; and these Terms do not transfer title to any intellectual property in the Service Content to you.
6. Limitations of Liability
6.1 You agree that your access to and use of the Services is subject to these Terms and is at your sole risk.
6.2 To the extent permitted by law, you agree that Conexie will not be responsible or liable for any damages, economic loss, or other loss whatsoever arising out of, or in any way related to the modification, interruption, suspension, or discontinuation of the Services; any technical faults which impact the availability or use of the Services; or your use of the Services or any Service Content.
6.3 You acknowledge that the Services are not an emergency reporting tool, nor are they intended to be used for emergency reporting purposes, and Conexie makes no guarantees as to the availability of the Services.
6.4 Certain legislation (including the Australian Consumer Law) may impose consumer guarantees or obligations upon Conexie which cannot be excluded, restricted, or modified or cannot be excluded, restricted, or modified except to a limited extent. These Terms must be read subject to these statutory provisions.
7. Termination
7.1 Conexie may, in its sole discretion, temporarily or permanently suspend or terminate the rights granted to you under these Terms if Conexie suspects in its sole discretion that you are not complying with the Terms or that you pose a threat to the Services or their users or that your conduct is inconsistent with Conexie’s brand values.
7.2 Conexie will not be liable for any cost, expense, or damages whatsoever for suspension or termination of your use.
8. Content
Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post, or display on or through the Service, and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that:
(i) The Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms; and
(ii) The posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.
Further, you warrant that:
(i) The Content will not cause you or us to breach any law, regulation, rule, code, or other legal obligation;
(ii) The Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence, or in breach of privacy;
(iii) The Content will not be unsolicited, undisclosed, or unauthorized advertising; (iv) The Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; and
(v) The Content does not bring us or the Service into disrepute.
You agree to keep all records necessary to establish that your Content does not violate any of the requirements of this clause and make such records available upon our reasonable request.
We are under no obligation to monitor the accuracy or reliability of your Content incorporated into the Service regularly. We reserve the right to modify or remove any Content at any time.
You acknowledge and agree that all Content you provide on the Service will be publicly available information and you bear the risks involved with such public disclosures.
9. General Provisions and Interpretation
9.1 These Terms are governed by the laws of NSW, Australia.
9.2 These Terms, and documents incorporated by reference into these Terms, represent the entire agreement of the parties in relation to the use of the Services. These Terms supersede all other representations, negotiations, arrangements, communications, understandings, or agreements.
9.3 All rights not expressly stated in these Terms are reserved.
10. IoT Provisions
10.1 Data Acquisition and Transmission: Conexie Trading utilizes the MQTT protocol for efficient and reliable messaging in our IoT solutions. This allows for seamless data transmission from various sensors and devices, ensuring real-time monitoring and management of energy, water, gas, electricity, and other information.
10.2 Data Sources: We source data from a variety of sources including existing devices, new devices, APIs, and a combination of these sources. Our goal is to ensure accurate and relevant data for informed decision-making.
10.3 Data Processing: Data collected through our IoT solutions is processed with added context through calculations and other methods to provide meaningful insights.
10.4 Data Security: We implement robust security measures to protect data transmitted via our IoT solutions, ensuring the integrity and confidentiality of the data.
10.5 Service Availability: While we strive to maintain continuous availability of our IoT services and ensure data is transmitted and processed efficiently, we cannot guarantee uninterrupted service. There may be times when the service is temporarily unavailable due to maintenance, upgrades, or unforeseen issues.
10.6 Warranty Disclaimer: Conexie Trading makes no warranties or representations, either express or implied, regarding the performance, reliability, or availability of our IoT devices and services. We shall not be held responsible for any failures, malfunctions, or issues arising from the use of IoT devices or the data transmitted through these devices. Users acknowledge that the use of IoT devices and services is at their own risk.
10.7 Limitation of Liability: To the extent permitted by law, Conexie Trading shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of profits, or business interruption, arising out of or related to the use or inability to use our IoT services and devices, even if Conexie Trading has been advised of the possibility of such damages.
10.8 Continuous Improvement: We are committed to continually improving our IoT solutions to provide better data acquisition, processing, and insights for our customers.
11. Contact and Violations
11.1 Conexie is responsible for addressing any questions, comments, or claims relating to the Services and your use of them. If you have any comments, questions, or complaints relating to the Services or would like to report a violation of any of these Terms, please contact hello@conexie.com or call Conexie’s customer service team on 1800 115 547.