Welcome to www.auxhub.com (the 'Website'). The Website facilitates
growth-focussed companies (the 'Company'); and
referrers (the 'Referrer'),
making it easier for the Company to access new customers, new markets and
new supply chains through the Referrer and their trusted network. The Website facilitates
this relationship through transparent communication and consensus between the parties,
as well as the recognition and transfer of value between the parties by way of
a commission or other value recognition (the 'Services').
The Website is operated by A•U•X Hub Pty Ltd (ACN 629 983 964). Access to
and use of the Website, or any of its associated products or Services, is
provided by A•U•X Hub. Please read these terms and conditions (the 'Terms')
carefully. By using, browsing and/or reading the Website, this signifies that you
have read, understood and agree to be bound by the Terms. If you do not
agree with the Terms, you must cease usage of the Website, or any of its
products or Services, immediately.
A•U•X Hub reserves the right to review and change any of the Terms by updating
this page at its sole discretion. When A•U•X Hub updates the Terms, it will use
reasonable endeavours to provide you with notice of updates of the Terms.
Any changes to the Terms take immediate effect from the date of their
publication. Before you continue, we recommend you keep a copy of the Terms
for your records.
Acceptance of the Terms
You accept the Terms by registering for the Services and/or making any payment as
required under the Terms for use of the Services. You may also accept the Terms by
clicking to accept or agree to the Terms where and if this option is made available to you
by A•U•X Hub in the user interface.
In order to access the Services, both the Company and the Referrer are
required to register for an account through the Website.
As part of the registration process, or as part of your continued use of the
Services, you may be required to provide personal information about yourself
(such as identification or contact details), including:
Company Name & Details
You warrant that any information you give to A•U•X Hub in the course of
completing the registration process will always be accurate, correct and up to
Once you have completed the registration process, you will be a registered
member of the Website ('Member') and agree to be bound by the Terms.
You may not use the Services and may not accept the Terms if:
you are not of legal age to form a binding contract with A•U•X Hub; or
you are a person barred from receiving the Services under the laws of
Australia or other countries including the country in which you are resident
or from which you use the Services.
Your obligations as a Member
As a Member, you agree to comply with the following:
you will not share your credentials with any other person;
you will use the Services only for purposes that are permitted by:
the Terms; and
any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
you have sole responsibility for protecting the confidentiality of your
password and/or email address. Use of your password by any other
person may result in the immediate cancellation of the Services;
any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify A•U•X Hub of
any unauthorised use of your password or email address or any breach of
security of which you have become aware;
you must not expressly or impliedly impersonate another Member or use
the profile or password of another Member at any time;
any content that you broadcast, publish, upload, transmit, post or
distribute on the Website ('Your Content') will always be accurate,
correct and up to date and you will maintain reasonable records of Your
you agree not to harass, impersonate, stalk, threaten another Member of
the Website (where interaction with other Members is made available to
access and use of the Website is limited, non-transferable and allows for
the sole use of the Website by you for the purposes of providing the
you will not use the Services or the Website in connection with any
commercial endeavours except those that are specifically endorsed or
approved by the management of A•U•X Hub;
you will not use the Services or Website for any illegal and/or unauthorised
use which includes collecting email addresses of Members by electronic or
other means for the purpose of sending unsolicited email or unauthorised
framing of or linking to the Website;
you agree that commercial advertisements, affiliate links and other forms
of solicitation may be removed from Member profiles without notice and
may result in termination of the Services. Appropriate legal action will be
taken by A•U•X Hub for any illegal or unauthorised use of the Website; and
you acknowledge and agree that any automated use of the Website or its
Services is prohibited.
Using the Website as the Company
A•U•X Hub is a marketplace that allows growth-focussed companies to find and
access new customers, new markets and new supply chains through referrals from
the Referrer. A•U•X Hub desires to help you grow your company through providing
a trusted and transparent mechanism for transacting with Referrers. As a receiver of services it's
important that you answer questions about your company's current state and
future goals accurately and honestly, this provides us and Referrers
with the best chance of recommending the right connections
to you. A•U•X Hub will facilitate the payment of services, including allowing for
alternative payment methods. Our alternative payment methods are ultimately
at the control of our service accounts, but can include cash, credits, social
posts and referrals as an example.
Using the Website as the Referrer
A•U•X Hub is a marketplace that gives you access to founders and
teams who are focussed on the growth of their company, whether at the start
of their journey or well on the path to category dominance. By providing you
with a direct channel to these potential clients as well as a dashboard to
monitor and manage the health of you client relationships A•U•X Hub surfaces
otherwise hidden opportunities for your business. A•U•X Hub allows you to
transparently track and agree the amount of time and money you want to
invest in your prospects and customers in seconds. The Ledger is a shared
Simple user interface that requires no knowledge of accounting. Transactions
on the ledger will be recorded on a Blockchain.
Since A•U•X Hub is only a facilitator in introducing the Company to the Referrer
and providing a system to make safe payment, A•U•X Hub does not hold any
liability to the Company directly and will not personally refund them any
payments made in the use of Services.
Notwithstanding the above clause, if a Company is unsatisfied with the services
provided by the Referrer or believes that they may be entitled to a refund, then
A•U•X Hub requires the Company to:
contact the Referrer directly to request a refund; and
if contacting the Referrer is not successful after fourteen (14) days,
contact A•U•X Hub through the 'Contact Us' section of the Website outlining
why you believe you are entitled to a refund so we are able to determine if
the Referrer should be removed from the Services.
If contacted by a Company who is requesting a refund pursuant to the above
clause, the Referrer agrees that it will immediately:
complete the A•U•X Hub contact form (the 'Contact Form') provided
on the Website; and
provide both the Contact Form and the email from the Company
requesting the refund to A•U•X Hub.
If the Referrer agrees to a refund it is acknowledged that the Referrer will
instruct A•U•X Hub to refund all or part of the payments made to the Company
directly, less any fees and charges incurred by A•U•X Hub in processing the
Both the Company and Referrer agree that they will comply with the Refund
Policy contained in this Clause of these Terms.
Copyright and Intellectual Property
The Website, the Services and all of the related products of A•U•X Hub are
subject to copyright. The material on the Website is protected by copyright
under the laws of Australia and through international treaties. Unless otherwise
indicated, all rights (including copyright) in the Services and compilation of the
Website (including but not limited to text, graphics, logos, button icons, video
images, audio clips, Website, code, scripts, design elements and interactive
features) or the Services are owned or controlled for these purposes, and are
reserved by A•U•X Hub or its contributors.
All trademarks, service marks and trade names are owned, registered and/or
licensed by A•U•X Hub, who grants to you a worldwide, non-exclusive, royaltyfree,
revocable license whilst you are a Member to:
A•U•X Hub does not grant you any other rights whatsoever in relation to the
Website or the Services. All other rights are expressly reserved by A•U•X Hub.
use the Website pursuant to the Terms;
copy and store the Website and the material contained in the Website in
your device's cache memory; and
print pages from the Website for your own personal and non-commercial
A•U•X Hub retains all rights, title and interest in and to the Website and all related
Services. Nothing you do on or in relation to the Website will transfer any:
business name, trading name, domain name, trade mark, industrial
design, patent, registered design or copyright, or
a right to use or exploit a business name, trading name, domain name,
trade mark or industrial design, or
a thing, system or process that is the subject of a patent, registered design
or copyright (or an adaptation or modification of such a thing, system or
process), to you.
You may not, without the prior written permission of A•U•X Hub and the
permission of any other relevant rights owners: broadcast, republish, up-load to
a third party, transmit, post, distribute, show or play in public, adapt or change
in any way the Services or third party Services for any purpose, unless
otherwise provided by these Terms. This prohibition does not extend to
materials on the Website, which are freely available for re-use or are in the
Where you broadcast, publish, upload, transmit, post or distribute Your Content
on the Website, then you grant to A•U•X Hub a non-exclusive, transferrable,
perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish,
up-load to a third party, transmit, post, distribute, show or play in public, adapt
or change Your Content.
A•U•X Hub takes your privacy seriously and any information provided through your use of
on the Website.
Nothing in the Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the
Australian Consumer Law (or any liability under them) which by law may not be
limited or excluded.
Subject to this clause, and to the extent permitted by law:
all terms, guarantees, warranties, representations or conditions which are
not expressly stated in the Terms are excluded; and
A•U•X Hub will not be liable for any special, indirect or consequential loss or
damage (unless such loss or damage is reasonably foreseeable resulting
from our failure to meet an applicable Consumer Guarantee), loss of profit
or opportunity, or damage to goodwill arising out of or in connection with
the Services or these Terms (including as a result of not being able to use
the Services or the late supply of the Services), whether at common law,
under contract, tort (including negligence), in equity, pursuant to statute or
Use of the Website and the Services is at your own risk. Everything on the
Website and the Services is provided to you "as is" and "as available" without
warranty or condition of any kind. None of the affiliates, directors, officers,
employees, agents, contributors and licensors of A•U•X Hub make any express or
implied representation or warranty about the Services or any products or
Services (including the products or Services of A•U•X Hub) referred to on the
Website. This includes (but is not restricted to) loss or damage you might suffer
as a result of any of the following:
failure of performance, error, omission, interruption, deletion, defect,
failure to correct defects, delay in operation or transmission, computer
virus or other harmful component, loss of data, communication line failure,
unlawful third party conduct, or theft, destruction, alteration or
unauthorised access to records;
the accuracy, suitability or currency of any information on the Website, the
Services, or any of its Services related products (including third party
material and advertisements on the Website);
costs incurred as a result of you using the Website, the Services or any of
the products of A•U•X Hub; and
the Services or operation in respect to links which are provided for your
You acknowledge that A•U•X Hub Website and the Services are only intended to
facilitate the interactions between the Company and the Referrer and does not
offer any services other than the Services and A•U•X Hub holds no liability to you
as a result of any conduct of the Members or the misuse of Your Content by
any party (including other Members).
Limitation of Liability
A•U•X Hub's total liability arising out of or in connection with the Services or these
Terms, however arising, including under contract, tort (including negligence), in
equity, under statute or otherwise, will not exceed the resupply of the Services
You expressly understand and agree that A•U•X Hub, its affiliates, employees,
agents, contributors and licensors shall not be liable to you for any direct,
indirect, incidental, special consequential or exemplary damages which may be
incurred by you, however caused and under any theory of liability. This shall
include, but is not limited to, any loss of profit (whether incurred directly or
indirectly), any loss of goodwill or business reputation and any other intangible
You acknowledge and agree that A•U•X Hub holds no liability for any direct,
indirect, incidental, special consequential or exemplary damages which may be
incurred by you as a result of providing Your Content to the Website.
Termination of Contract
If you want to terminate the Terms, you may do so by providing A•U•X Hub with 7
days' notice of your intention to terminate by sending notice of your intention to
terminate to A•U•X Hub via the 'Contact Us' link on our homepage.
A•U•X Hub may at any time, terminate the Terms with you if:
you have breached any provision of the Terms or intend to breach any
A•U•X Hub is required to do so by law;
A•U•X Hub is transitioning to no longer providing the Services to Members in
the country in which you are resident or from which you use the service; or
the provision of the Services to you by A•U•X Hub is, in the opinion of
A•U•X Hub, no longer commercially viable.
Subject to local applicable laws, A•U•X Hub reserves the right to discontinue or
cancel your membership at any time and may suspend or deny, in its sole
discretion, your access to all or any portion of the Website or the Services
without notice if you breach any provision of the Terms or any applicable law or
if your conduct impacts A•U•X Hub's name or reputation or violates the rights of
those of another party.
When the Terms come to an end, all of the legal rights, obligations and
liabilities that you and A•U•X Hub have benefited from, been subject to (or which
have accrued over time whilst the Terms have been in force) or which are
expressed to continue indefinitely, shall be unaffected by this cessation, and
the provisions of this clause shall continue to apply to such rights, obligations
and liabilities indefinitely.
You agree to indemnify A•U•X Hub, its affiliates, employees, agents, contributors,
third party content accounts and licensors from and against:
all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered
or arising out of or in connection with Your Content;
any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so; and/or
any breach of the Terms.
If a dispute arises out of or relates to the Terms, either party may not commence any
Tribunal or Court proceedings in relation to the dispute, unless the following clauses
have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must
give written notice to the other party detailing the nature of the dispute, the desired
outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms
Within 14 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may mutually
If for any reason whatsoever, 90 days after the date of the Notice, the Dispute has
not been resolved, the Parties must either agree upon selection of a mediator or
request that an appropriate mediator be appointed by the President of the
Australian Mediation Association or his or her nominee;
The Parties are equally liable for the fees and reasonable expenses of a mediator
and the cost of the venue of the mediation and without limiting the foregoing
undertake to pay any amounts requested by the mediator as a pre-condition to the
mediation commencing. The Parties must each pay their own costs associated with
The mediation will be held in Lake Macquarie, Australia.
All communications concerning negotiations made by the Parties arising out of and in
connection with this dispute resolution clause are confidential and to the extent possible,
must be treated as "without prejudice" negotiations for the purpose of applicable laws of
Termination of Mediation:
If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute
has not been resolved, either Party may ask the mediator to terminate the mediation and
the mediator must do so.
Venue and Jurisdiction
The Services offered by A•U•X Hub is intended to be viewed by residents of Australia. In
the event of any dispute arising out of or in relation to the Website, you agree that the
exclusive venue for resolving any dispute shall be in the courts of New South Wales,
The Terms are governed by the laws of New South Wales, Australia. Any dispute,
controversy, proceeding or claim of whatever nature arising out of or in any way relating
to the Terms and the rights created hereby shall be governed, interpreted and construed
by, under and pursuant to the laws of New South Wales, Australia, without reference to
conflict of law principles, notwithstanding mandatory rules. The validity of this governing
law clause is not contested. The Terms shall be binding to the benefit of the parties
hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent legal
advice and declare the Terms are not against public policy on the grounds of inequality
or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.