This website can be accessed using anyone of the following URL domain name addresses: cymtrix.com; cymtrix.net; cymtrix.com.au; cymtrix.net.au;cymtrix.co.uk; cymtrix.net.uk; cymtrix.biz; cymtrix.org; cymtrix.info; cymtrix.in; cymtrix.co.in; cymtrix.net.in; cymtrix.co.nz and cymtrix,net.nz. They are all operated by Cymtrix Training Systems Pty Ltd., (A.B.N. 40 134 410 012) a private company registered in Australia (“we” or “Cymtrix Training Systems”). Your access to and use of any of these URLs is subject to these “Terms of Use”, the Cymtrix Training Systems “Privacy Policy” statement, the Cymtrix Training Systems Disclaimer Notice, the Cymtrix Training Systems “Copyright Notice”, the Cymtrix Training Systems “Customer Service Policy” statement, the Cymtrix Training Systems "Product License" (or license), the Cymtrix Training Systems "Trademark Notice", the Cymtrix Training Systems "Disclaimer" and or any other terms contained on this website ("Terms of Use"). Purchases can be made from this Cymtrix Training Systems website will be via a security credential, which could include a user name and password, a digital certificate and or other secure technology.

1. What you must do

1.1 You are undertaking to use any of the Cymtrix Training Systems website domains in a responsible manner in accordance with these "Terms of Use."

2. What you must not do

2.1 You must not:

(a) use any Cymtrix Training Systems' domain URLs for any activities which includes but is not limited to posting or transmitting to or via any of our domain name addresses, any information or materials which breach any laws or regulations, infringe a third party's rights, or are contrary to any relevant standards or codes;

(b) use any Cymtrix Training Systems' domain URLs in a way to post to or transmit to or via any Cymtrix Training Systems' domain URLs any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other user from using or enjoying any Cymtrix Training Systems' domain URLs or its offerings;

(c) use any Cymtrix Training Systems' domain URLs to send unsolicited electronic mail messages to anyone;

(d) make any fraudulent or speculative inquiries, bookings, reservations or requests using any Cymtrix Training Systems' domain URLs ;

(e) use another's name, user name or password without permission;

(f) post, or transmit via any Cymtrix Training Systems' domain URLs any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings;

(g) tamper with, hinder the operation of or make unauthorized modifications to any Cymtrix Training Systems' domain URLs ;

(h) knowingly transmit any virus or other disabling feature to any Cymtrix Training Systems' domain URLs; and

(I) attempt any of the above acts or permit another person to do any of the above acts.

3. Third Party Content

3.1 Some of the products and services offered for sale or advertised and some of the information provided on any Cymtrix Training Systems' domain URLs may be products, services and information of third parties. 

3.2 The third party products, services and information are not provided or endorsed by us and your legal relationship is with the third party supplier.

3.3 We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties.

3.4 We may receive fees and/or commissions from third parties for goods and services of such third parties displayed or made available on any Cymtrix Training Systems' domain URLs or the services or accessible through a hyperlink on any Cymtrix Training Systems' domain URLs. You acknowledge and consent to us receiving the fees.

4. Prices of products and services are subject to change

4.1 All prices displayed and products and services offered to be supplied on any Cymtrix Training Systems' domain URLs are subject to change without notice.

5. Security

5.1 Cymtrix Training Systems does not guarantee:

(a) the security of any systems (including the Internet and the Customer's hardware and software) used in accessing any Cymtrix Training Systems' domain URL websites, or any information passed through such systems; or,

(b) access to any of the Cymtrix Training Systems' domain URLs or any systems used in accessing any Cymtrix Training Systems' website will be continuous or virus or error free.

6. Privacy

6.1 You acknowledge that under these "Terms of Use", Cymtrix Training Systems may provide personal information about you as part of which is the subject of privacy laws. Cymtrix Training Systems will comply with its "Privacy Policy" statement located on any Cymtrix Training Systems' website in dealing with any information collected by Cymtrix Training Systems.

7. Customer Contact

7.1 You acknowledge that where it is required for Cymtrix Training Systems to email you, the following will apply:

(a) Cymtrix Training Systems will address and send emails to you to the email address provided by you; you are solely responsible for ensuring that your contact details for services are current (including email address), your email service is operational and that you check your emails regularly;

(b) if Cymtrix Training Systems sends an email to your current email address as listed in your contact details, you are deemed to have received that email and Cymtrix Training Systems is not obliged to take any further action to confirm that you have received, opened and/or read the email or attachment unless you promptly notify Cymtrix Training Systems and demonstrate that the email was not delivered to your email address;

(c) if Cymtrix Training Systems receives an automated email non-delivery notification indicating you have not received the email that Cymtrix Training Systems has sent you containing or regarding an order for a service or product, Cymtrix Training Systems will use reasonable endeavours to attempt to contact you using the other contact details that you submitted with your contact details, including non-electronic means, but does not guarantee that Cymtrix Training Systems will be able to contact you; and

(d) Cymtrix Training Systems may contact you via any contact means provided by you if your order is incomplete or needs further explanation.

8. Indemnity

8.1 You indemnify us and our officers, employees, agents and related bodies from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to the use of any Cymtrix Training Systems' domain URLs by you or someone using your name.

9. Disclaimer and limitation of liability

9.1 To the extent permitted by law, neither we nor any of our officers, employees, agents or related bodies corporate will be liable in any way (including for negligence) for any loss, damage, costs or expenses suffered by you or claims made against you through the use of any Cymtrix Training Systems' domain URLs, any failure to provide any Cymtrix Training Systems' domain URLs or in connection with any products, services or information supplied, offered to be supplied or advertised via any of our websites.

9.2 To the extent permitted by law, all warranties, conditions and representations about any Cymtrix Training Systems' domain URLs, the availability any Cymtrix Training Systems' domain URLs for access and use, the products and services advertised, offered to be supplied or supplied via any Cymtrix Training Systems' domain URLs and the information provided on any Cymtrix Training Systems domain URLs are excluded. If a term is implied by law into these "Terms of Use" and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these "Terms of Use." However, our liability for breach of such term will be limited, at our option, to one or more of the following

(a) in relation to goods:

(I) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of such goods and;

(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or

(iv) payment of the cost of having the goods repaired;

(b) in relation to services:

(I) the supply of the services again;

(ii) the payment of the cost of having the services supplied again.

9.3 You acknowledge that you have not relied on any representation made by Cymtrix Training Systems which has not been stated expressly in these "Terms of Use." Cymtrix Training Systems may change these "Terms of Use" and any other information, including prices, at any time and your subsequent use in accordance with the "Terms of Use." Without limiting Cymtrix Training Systems’ ability to give notice by any other means, the Customer will be deemed to have:

a. received adequate notice of such changes where Cymtrix Training Systems places a notice on any of the Cymtrix Training Systems' websites setting out such changes; and

b. agreed to such changes the next time they use any of the Cymtrix Training Systems' domain URL websites after publication of the relevant notice on any of the Cymtrix Training Systems' domain URLs websites.

10. Goods and Services Tax (GST) Australia only

10.1 If GST is imposed on any supply made by us through any Cymtrix Training Systems' domain URL websites, you must pay to us, in addition to any amount payable, an additional amount for the supply calculated by multiplying the prevailing GST rate. Any amount payable by you is payable on demand by us, whether such demand is made by an invoice or otherwise. GST collection does not apply, nor will be charged for goods and services paid for and delivered outside of Australia.

11. Changes 

11.1 We may vary any of these "Terms of Use" at any time and any other information, at any time and your subsequent access to any Cymtrix Training Systems' domain URL websites will be governed by the varied "Terms of Use." Without limiting Cymtrix Training Systems' ability to give notice by any other means, you will be deemed to have:

a. received adequate notice of such changes where Cymtrix Training Systems places the changed "Terms of Use" on any of the Cymtrix Training Systems' websites; and

b. accepted the changes to these "Terms of Use" and agreed to be bound by the revised "Terms of Use" if you continue to access any of the Cymtrix Training Systems' websites after the date that notification of change is posted.

12. General Matters

12.1 this agreement is governed by the law in force in the State of Victoria, Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia and courts of appeal from them for determining any dispute concerning this agreement.

12.2 If any of these "Terms of Use" of is invalid or unenforceable, it will be struck out and the remaining "Terms of Use" will remain in force.

12.3 If we do not act in relation to a breach by you of these "Terms of Use", this does not waive our right to act with respect to subsequent or similar breaches.

12.4 You may not assign or transfer your rights or benefits under these "Terms of Use" to any other person or entity without the prior written consent of Cymtrix Training Systems.