(Current as at 1 February 2021 – Copyright © ClearVue Technologies Limited 2018 to 2021)

This website (referred to in these Terms of Use, our Privacy Policy and Copyright Notice as the “website”) is owned and operated by Australian Stock Exchange listed company, ClearVue Technologies Limited (ACN 071 397 487) (ASX CPV) (“ClearVue”) on the World Wide Web (“Web”). References to “we”, “us”, “the Company” refers to ClearVue.

The information contained in this website has been prepared solely for the purpose of providing general information. ClearVue has prepared this website in good faith and has taken reasonable steps to ensure that the data, information, material, artwork and graphics were accurate at the time they were included.

The material on the website is copyright © 2010 to 2021 ClearVue Technologies Limited and/or other copyright owners. Access to and use of the website and materials on the website is subject to your continued compliance with the below terms and with our detailed Copyright Notice .

The website is available for you to:

• access conditional on your acceptance without alteration of the terms and conditions set out below or on any linked page. By continuing to access the website you are agreeing to the terms and conditions set out below.
• provide any information to ClearVue or to any website forum or posting area (if applicable) conditional on your acceptance of the terms contained herein and without alteration of the same.

Use of material on the website

Except for limited personal non-commercial use you may not use the website, or the material contained on it, for any other purpose. This involves:

• the reproduction of the material;
• the distribution of the material;
• re-transmission of the material by any medium of communication;
• uploading and/or reposting the material to any other site on the Web; and
• “framing” the material on the website with other material on any other Web site.

The above are unlawful in most jurisdictions and are specifically prohibited by these Terms of Use.

Subject to the above restrictions on use of the material on the website, you may download material from the website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

You may not modify or copy:

• the layout (including but not limited to colours, fonts and arrangement of visual elements) of the website; and
• any computer software and code contained within the website.

We reserve all intellectual property rights, including, but not limited to, copyright in material and/or services provided on and by the website. The material provided on the website is provided for personal use only and may not, without our prior written consent, be:

• re-sold or re-distributed in any material form;
• stored in any storage media; and/or
• re-transmitted in any media.

For further information on how you may use this website and the materials on this website please see our detailed Copyright Notice.

Links to other Websites

The website contains links to sites on the Web owned and operated by third parties and which are not under our control.

In relation to the other sites on the Web, which are linked to the website, we:

• provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by ClearVue of the linked site; and
• are not responsible for the material contained on those linked sites and expressly disclaims any liability for loss or harm that directly or indirectly arises as a result of the use of or reliance upon the same.

Disclaimer 1

ClearVue makes no representation or warranty, express or implied, as to the accuracy, fairness or completeness of the same.  As a condition of use of this website, the user agrees to indemnify ClearVue from and against all liabilities, expenses and damages arising out of claims resulting from the user’s use of this website.

We are making the website available for others to access information without assuming a duty of care to users. We are not in the business of providing advice and give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the website and/or linked sites on the Web.

The information contained in this website is not financial product or investment advice. The material contained within this website is for information purposes and is of a general and summary nature only. It does not constitute an offer. Investors should seek appropriate advice on their own objectives, financial situation and needs.

This website may contain certain statements which may constitute “forward-looking statements”.

Such statements are only predictions and are subject to inherent risks and uncertainties which could cause actual values, performance or achievements to differ materially from those expressed, implied or projected in any forward-looking statements.

ClearVue disclaims any intent or obligation to update publicly any forward-looking statements, whether because of new information, future events or results or otherwise. Investors are put on notice that forward-looking statements are not guarantees of future performance and investors are warned not to put undue reliance on forward-looking statements due to the inherent uncertainty therein.

This website does not constitute or form any part of any offer or invitation to sell or issue, or any solicitation of any offer to purchase or subscribe for, any securities in ClearVue nor shall it or any part of it, or the fact of its distribution, form the basis of, or be relied on in connection with, any contract or commitment or investment decision relating to any securities in the Company. Any decision regarding any proposed subscription for securities in the Company must be made solely on the basis of information on the Company that is publicly available – specifically information published directly through the ASX platform at: https://www2.asx.com.au/markets/company/CPV.

To the fullest extent permitted by law, we disclaim any and all warranties, express or implied, regarding:

• the accuracy, reliability, fairness, completeness, timeliness or otherwise of any information contained or referred to on the website and/or of any linked sites; and
• merchantability or fitness for any particular purpose for any service or product contained or referred to on the website and/or on any linked sites.

We will not be liable under any circumstances for any loss of revenues, profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

• acting, or failing to act, or relying on any information contained on or referred to on the website and/or any of the linked Websites; and
• using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the website and/or any linked sites.

Disclaimer 2  

We do not expressly or impliedly warrant guarantee or make any express or implied representation that:

• the website, or the server that makes the site available on the Web are free of software viruses;
• the functions contained in any software contained on the website will operate uninterrupted or are error-free; and
• errors and defects in the website will be corrected.

We are not liable to you or any other third party for:

• errors or omissions in the website or linked sites on the Web;
• delays to, interruptions of or cessation of the services provided within the website, or linked sites; and
• postings on any forum or area of the website where posting is permitted for defamatory, offensive or illegal conduct of any user of the website,

whether caused through our negligence, our employees or independent contractors, or through any other cause.

You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the website.

Limitation of liability

Disclaimer 1 and/or Disclaimer 2 may not apply in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law in such jurisdictions our liability for any warranty or condition is limited, at our sole discretion to one or more of the following:

If the breach of an implied warranty or condition relates to services:

• the supply of the services again; or
• the payment of the cost of having the services supplied again.

If the breach of warranty or condition relates to goods:

• the replacement of the goods or the supply of equivalent goods;
• the repair of such goods; or
• the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

Use of information gathered

We (or our nominees) may gather and process any information:

• which you may provide when accessing the website, such as your name, address, email address and other personal information about you; and
• regarding the way in which you use the website including, without limitation, information acquired through the use of “cookies”, “pixels” or other tracking code programmed during the accessing of the website.

In the case of any information we may gather about you, our Privacy Policy applies and sets out your rights and obligations in respect of any information you may have supplied to us.

Termination of access

We may terminate your access to the website at any time without giving any explanation or justification for the termination of access, and we bear no liability for any costs, losses or damages of any kind arising as a direct or indirect consequence of terminating access to the website.

Uploading information

You represent and warrant in relation to any material or information you provide to the website (whether via email, webform, website forum, blog, podcast or any other means) that:

• you are authorised to provide the material or information;
• the material or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation nor does it contain hate speech or is denigrating, harassing or bullying of another user or third party;
• the material or information is not the “passing off” of any product or service and does not constitute unfair competition;
• the material or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
• the material or information does not infringe any legislation or regulations of the Commonwealth of Australia or any of its State of Territories including, but not limited to, the Trade Practices Act 1974 (Cth) and any state and territory fair trading legislation and any other parliament competent to legislate in relation to the website or any law in any country where the material or information is or will be available electronically to users of this website.

Licence to use intellectual property

By uploading any material which includes intellectual property including, but not limited to, copyright works, trade marks and service marks (the “intellectual property”) on to the website, you are granting ClearVue a perpetual, non-exclusive and payment-free licence throughout the world to:

• reproduce, use and exploit the intellectual property, as part of the website, to the full extent permitted by intellectual property law in any jurisdiction in which the website is available to users; and
• allow us to sub-licence others the same rights granted to us in (a) above.

Removal of information

In relation to any material or information included on the website, we may remove any material and/or information, including but not limited to links to other sites on the Web, at any time without giving any explanation or justification for removing the material and/or information.

Limit of liability

We (and our nominees, agents, employees) bear no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies in relation to or in connection with any material or information supplied in respect of advertising on this website; and as a consequence of removing any material and/or information from this website.

Indemnity

You will at all times indemnify and keep us indemnified and our respective officers, employees and agents (in this paragraph referred to as “those indemnified”) from and against any loss (including for consequential loss or loss of revenues or profits and reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these Terms by you, and publication of or distribution of the material or information supplied by you.

Alteration of Terms of Use

We reserve the right to change these Terms of Use:

• with or without further notice to you; and
• without giving you any explanation or justification for such change.

Relevant jurisdiction

If any part of these Terms are found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of the Terms and the severed part will not affect the validity and enforceability of any remaining provisions.

These Terms are governed by and interpreted in accordance with the law of Western Australia, Australia without giving effect to any principles of conflicts of laws.

You agree to submit to the exclusive jurisdiction of the courts of Western Australia, Australia to determine any dispute arising out of these Terms.

END.