These Terms of Use (Terms) govern access, navigation and use of this website here: https://naos.com/en-au (Website) by you (i.e. any person accessing or using the Website). The Website is owned by NAOS, SAS registered with the Registre du commerce et des sociétés (RCS) of Aix-en-Provence under number 535 236 418, and operated by us, NAOS Australia Pty Ltd (ABN 55 635 284 276) (NAOS, us and we).

Access to and use of the Website is subject to compliance with these Terms. By accessing or using the Website, you unconditionally accept these Terms. If you do not accept these Terms, please do not use this Website.

NAOS reserves the right to modify or update these Terms at any time. The modifications will take effect upon publication on the Website, with the 'last updated' date prominently displayed at the top of these Terms. You are encouraged to regularly review this section for any changes.

2. Purpose of the Terms

2.1 The purpose of these Terms is to:

(a) define the rules for accessing and using the Website by you;

(b) inform you of your rights and obligations;

(c) protect NAOS against any abusive, fraudulent or illegal use of the Website.

3. Access and Terms of Use of the Website

3.1 Access to the Website

Access to the Website is free for you. However, NAOS reserves the right to temporarily or permanently restrict access in the event of maintenance, updates, or in cases of serious violations by you of these Terms.

3.2 Authorised and forbidden uses

(a) You agree to:

(i) use the Website solely for personal and non-commercial purposes, unless prior agreement is obtained from NAOS;

(ii) not disseminate any illegal, harmful or defamatory content via the Website; and

(iii) not attempt to modify, interfere with or alter the services, content or features of the Website.

(b) The following uses are strictly prohibited:

(i) any unauthorised reproduction of all or part of the Website, including its content (images, videos, texts, etc.);

(ii) any collection of personal data;

(iii) interfere with or disrupt the Website, including by transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature; or

(iv) the use of the Website for unauthorised commercial or advertising activities.

(c) You agree to use the Website in good faith, avoiding any action or request that would be abusive, contentious or intentionally misleading.

4. Third Party Links

4.1 The Website may contain links to other websites owned and operated by third parties, which are not under our control (Third Party Links).

4.2 Third Party Links are provided as a convenience to you and the existence of such links on the Website is not an endorsement of those Third Party Links.

4.3 We are not responsible for the content or material contained on any Third Party Link.

5. Intellectual Property

5.1 All content (texts, images, videos, etc.) published on the Website is the exclusive property of NAOS. Any reproduction, even partial, is strictly prohibited without prior written consent from NAOS.

5.2 The trademarks, logos and other distinguishing signs mentioned are the property of their respective owners. These are trademarks registered by NAOS or by other entities within the NAOS group of companies. No licence or right of use may be granted for any of these trademarks or logos displayed on the Website. NAOS reserves the right to pursue any act of infringement of its intellectual property rights, including through criminal proceedings.

6. Protection of Personal Data

6.1 We will collect, use and disclose any personal information you provide us when using the Website in accordance with our Privacy Policy.

6.2 For more information on our information collection and handling practices, please view our Privacy Policy here.

6.3 The Website uses cookies to ensure optimal navigation and to collect information for statistical purposes. Cookies preferences can be managed via the tool provided on the Website.

7. Disclaimer

7.1 For the purpose of these Terms, “Materials” means all content, information, documents, and other materials provided by NAOS on the Website, excluding Third Party Links.

7.2 The Website, Materials, and Third Party Links are provided to you on an 'as is' and 'as available' basis. We give no warranty, guarantee or representation about the accuracy, reliability, or timeliness of the Website, Materials or Third Party Links.

7.3 We reserve the right to change, suspend or discontinue any aspect of the Website, including removing any Materials or Third Party Links, at any time and without notice to you.

7.4 You are responsible for considering the appropriateness of the Website for your intended application and use and we give no warranty, guarantee or representation that the Website is suitable for or meets your requirements.

7.5 We are not responsible or liable for the conduct of any user. We reserve the right to monitor or become involved in any dispute between you and another user.

8. Liability

8.1 To the fullest extent permitted by law, we are not liable to you for any loss or damage you may suffer or incur in connection with your access and use of the Website.

8.2 To the fullest extent permitted by law, we exclude liability for special, indirect or consequential damages, including damages for loss of data, loss of or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit.

9. Indemnity

9.1 You agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Website, your breach of the Terms or your breach of any rights of third parties.

9.2 We reserve the right to assume exclusive control of any matter for which you are required to indemnify us and you agree to provide assistance at your expense for the purposes of defending and managing all such claims as is reasonably requested by us.

10. Severability

If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions.

11. Applicable law and dispute resolution

11.1 The Terms are governed by the laws in force in Victoria, Australia.

11.2 You submit to the exclusive jurisdiction of the courts of Victoria, Australia.

12. Contact

For any questions or requests related to these Terms or the Website, please contact us at hello@au.naos.com.