Last Updated: 27/08/2024
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1. Acceptance of Terms
By using our services, you accept these Terms of Service and acknowledge that this is a legally binding agreement. You agree to be bound by the terms and conditions herein. Please read these Terms of Service in their entirety. If you do not agree to these Terms of Service, please do not access or use our services.
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You certify that you are of the legal age of majority in your jurisdiction of residence or, if you are between the ages of 13 and the legal age of majority, that you are using the services with the supervision of your parent or legal guardian who agrees to be bound by these Terms of Service. Make sure to review these Terms of Service with your parent or guardian so that you both understand all of your rights and obligations.
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Voxiebox Pty Ltd T/A Voxon Photonics (“Voxon,” “we,” “us” or “our”) is pleased to provide you access to a variety of physical goods, platform services, software, software updates, websites, applications, and content (collectively, our “Services” or “Products”). These Terms of Service (“Terms”) apply to your online orders and pre-orders (collectively, “Orders”), access to, and use of, any Services. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Voxon for products, services, or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorised to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or that entity violate these Terms.
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Voxon reserves the right to update, change, or replace these Terms at any time, and at our sole discretion, with or without notice to you. Any such modification will be effective immediately upon public posting. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
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2. Eligibility; Registration and Account
The Services are intended solely for users who are 13 or older. Any registration for, or use of, the Services by anyone under the age of 13 is unauthorised, unlicensed, and in violation of these Terms.
You represent and warrant that you (a) are not listed on any sanctions or prohibited persons lists maintained by the Australian Government, including but not limited to the Department of Foreign Affairs and Trade's Consolidated List, (b) are not subject to any restrictions under Australian export control laws, (c) will not use IP proxying or other methods to disguise your place of residence, (d) will not use the Services if any applicable laws in your jurisdiction prohibit you from doing so in accordance with these Terms, and (e) have not previously had your right to use the Services suspended or terminated.
To access and use certain features of the Services, you may be required to register for an account. By creating an account, you agree to: (i) provide accurate, current, and complete account information; (ii) maintain the security of your password, not share your password with any other person, and accept all risks of unauthorised access to your account; and (iii) promptly notify us at contact@voxon.co if you discover or suspect any security breaches related to the Services.
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3. Equipment, Software, and Updates
Certain equipment and software may be required to access and use the Services. In addition, we may need to automatically update some of the software you obtain through the Services or provide you with new or updated software to keep the Services functioning properly, which could include bug fixes, patches, enhanced features, missing plug-ins, and new versions. By using the Services, you agree to such automatic updating.
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We reserve the right, in our sole discretion and where technically feasible, to disable your access to or ability to use Services that we believe present a health and safety risk or violate our Code of Conduct, agreements, laws, regulations, or policies. We will not incur any liability or responsibility if we choose to remove, disable, or delete such access or ability to use any or all portion(s) of the Services.
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4. Your Use of the Services and Content
4.1 Content and Software License
Except as otherwise agreed upon, if we enable the use of software, content, or other materials owned or licensed by us (“Software and Content”), we hereby grant you a limited, non-exclusive, non-sublicensable license to access, install, and use the Software and Content solely for personal and non-commercial purposes, conditioned on your compliance with these Terms. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code of, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Software and Content, except as expressly permitted by Voxon or as permitted under applicable law. Any unauthorised use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
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4.2 Third-Party Content
(a) Your use of services, applications, or content provided by third parties (“Third-Party Content”) made available through the Services may be subject to additional end-user agreements. In the event that these agreements conflict with the provisions of these Terms, these Terms will govern. Voxon has no responsibility or liability with respect to your access to or use of the Third-Party Content, or any content or functionality contained in such Third-Party Content, your rights to which are solely provided pursuant to a license between you and the provider of such Third-Party Content. In no event shall Voxon be considered the licensor of the Third-Party Content, to have granted any rights to use the Third-Party Content, to have assumed any obligations with respect to the Third-Party Content, or to have made any representations or warranties with respect to the Third-Party Content.
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(b) If you are not presented with an end-user license agreement when you acquire Third-Party Content, the following license terms apply to your use of such Third-Party Content: (a) the third party providing the Third-Party Content (and not Voxon) is the licensor of such Third-Party Content; (b) such party grants you a limited, non-transferable license to access and use the Third-Party Content only for your personal and non-commercial purposes; and (c) you may not modify, decompile, or disassemble the Third-Party Content in whole or in part, or create any derivative works from, or sublicense any rights in or to, the Third-Party Content, unless otherwise expressly authorised by the third party or as permitted under applicable law.
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4.3 Availability of Services after Purchase; Updates
Some Services may rely on services provided by third parties for some or all of their functionality. Such Services may not function properly or may become inoperable if these third parties discontinue their services.
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4.4 Support
All billing questions related to the purchase of Services and requests for support with respect to the Voxon platform should be addressed to Voxon. Voxon may, but has no obligation to, respond to any questions or provide support. Please contact us at contact@voxon.co for assistance.
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4.5 Availability
The Services and Content may not be available in all territories and jurisdictions, and we may restrict or prohibit the use of all or a portion of the Services and Content in certain territories and jurisdictions.
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4.6 Network Costs
You may be charged by your network provider for data services or any other third-party charges as may arise while using the Services and you accept responsibility for such charges. If you are not the bill payer, we will assume that you have received permission from the bill payer.
 
4.7 Sharing Content with Third Parties
You acknowledge and agree that, as part of providing Services to you, we may share your content with third-party vendors, such as Amazon Web Services and other hosting service providers.
 
5. Purchasing Services
5.1 Order and Acceptance
Each Order you submit for a Product constitutes an offer to purchase that Product. Orders are complete when you provide your payment information to us. Completed orders are subject to Voxon’s acceptance and may be rejected at any time prior to shipping and for any reason at Voxon’s sole discretion. If Voxon rejects your offer, Voxon will, as your sole and exclusive remedy and Voxon’s sole and exclusive liability, refund the purchase price. Voxon will send an email to you at the email address provided by you once Products are shipped to indicate whether your Order has been accepted or rejected. If you have any questions, comments, or concerns regarding Voxon’s Order acceptance policy, or if you believe that your Order was rejected in error, please contact Voxon at contact@voxon.co. When you place an Order for a Product, you may be required to provide additional information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Voxon shall have no responsibility or liability for inaccurate purchaser information or information that later becomes outdated and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to shipment of the Product by sending an email to contact@voxon.co.
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5.2 Age Requirement
You must be at least 18 years old to purchase a Product. By agreeing to these Terms and purchasing a Product, you represent and warrant to us that you are at least 18 years old. If you are purchasing a Product on behalf of an entity, organisation, or company, you represent and warrant that you have the authority to bind that organisation to these Terms and you agree to be bound by these Terms on behalf of that organisation.
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5.3 Payment and Shipping Charges
You will be charged the purchase price for the Product, including shipping charges and certain taxes (the “Purchase Price”) at the time you place your Order for a Product. Shipping charges for deliveries outside of Australia do not include any local Goods and Services Tax (GST), import duties, or customs fees. The cost of the above-mentioned additional fees shall be borne by the customer for shipments outside of Australia. Your placing of the Order constitutes your express agreement for Voxon to charge your provided payment method at such time. Payment does not guarantee our acceptance of your Order.
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5.4 Refunds and Cancellations
If you request a refund at any time before we accept your Order, we will refund the Purchase Price. Once we have accepted your Order, the policy in the immediately preceding sentence no longer applies. Instead, Voxon’s refund policy and limited warranty will apply if published on this website. For further information on Voxon’s Limited Warranty, please see the relevant section of these Terms. Once your Order has been accepted, the Order is final, non-cancellable, and non-refundable, except as specified in these Terms or applicable law.
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5.5 Shipping and Delivery
After your Order has been accepted, the ordered Products will be shipped to the address you designate as the Shipping Address. Shipments should arrive within ten (10) business days from the date that you receive tracking information. For international shipping, the ordered Products should arrive within fifteen (15) business days from the date you receive tracking information. Voxon is not responsible for shipping or handling errors or omissions by third parties. Voxon is also not responsible for any returns due to the consignee missing delivery attempts, outstanding fees not being paid in time, or other reasons beyond our control that may result in the shipment being returned to us.
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5.6 Transfer of Risk and Title
Risk of loss of the Product passes to you on Voxon’s delivery of the Product to the carrier, and you are responsible for any loss or damage to the Product from that point. Claims against a carrier for damage during shipping are your responsibility.
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5.7 Export Control
You acknowledge that Products may be subject to export control laws and other laws and regulations of Australia and other countries, and that if Voxon ships a Product to you, the Product may be impounded or otherwise confiscated by customs or other authorities. You are responsible for compliance with all applicable export control laws and regulations.
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5.8 Use of the Product; Voxon Service
Use of the Product may be subject to local laws, regulations, and ordinances in your jurisdiction, including air quality laws, noise control laws, and other health and safety laws. You are responsible for complying with all applicable laws. It is your responsibility to determine whether your use of the Product complies with local laws, regulations, and ordinances. If you do not have sufficient information to determine whether your use of the Product will comply with all applicable laws, regulations, and ordinances, then you should not place an Order for the Product.
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6. Acceptable Use
By accessing or using the Services, you agree that you will not: (a) access or use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit anyone from fully enjoying the Services, including, but not limited to, defamatory, harassing, threatening, bigoted, hateful, vulgar, obscene, pornographic, or otherwise offensive behaviour or content; (b) damage, disable, overburden, or impair the functionality of the Services in any manner; (c) access or use the Services for any illegal or unauthorised purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms, Code of Conduct, or any other terms or policies provided in connection with the Services; (d) use or attempt to use another user’s account without authorisation from such user; (e) modify, adapt, hack, or emulate the Services; (f) use any robot, spider, crawler, scraper, or other automated means or interface not provided or authorised by us to access the Services or to extract data; (g) circumvent or attempt to circumvent any filtering, security measures, or other features designed to protect the Services, or third parties; or (h) infringe upon or violate the rights of Voxon, our users, or any third party.
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7. User Content
Our Services may include interactive features and areas where you may submit, post, upload, publish, email, send, otherwise transmit, or interact with content, including, but not limited to, text, images, photos, videos, sounds, software, and other information and materials (collectively, “User Content”). Unless otherwise agreed to, we do not claim any ownership rights in or to your User Content. If you use content covered by intellectual property rights that we have made available through our Services (for example, images, designs, videos, or sounds we provide that you add to content you create or share on Voxon), we retain all rights to that content (but not yours). By submitting User Content through the Services, you grant Voxon a worldwide, non-exclusive, transferable, royalty-free, and fully sublicensable (i.e., we can grant this right to others) right to use, copy, display, store, adapt, publicly perform, and distribute such User Content in connection with Voxon Products. This right ends when you delete your User Content or your account, unless your User Content has been shared with others, and they have not deleted it. You irrevocably consent to any and all acts or omissions by us or persons authorised by us that may infringe any moral right (or analogous right) in your User Content.
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You are solely responsible for the User Content you make available through the Services, and you represent and warrant that (a) you either are the sole and exclusive rights owner of all User Content that you provide, or you have obtained all rights, licenses, permissions, consents, and releases that are necessary to grant to Voxon the rights specified in this section; (b) the provision of your User Content, and our subsequent use of such User Content, will not infringe, misappropriate, or violate any third party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable laws or regulations; and (c) your User Content does not violate our Code of Conduct.
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Voxon does not endorse or guarantee the opinions, views, advice, or recommendations posted or sent by users. Voxon has no responsibility or liability for User Content made available through the Services, and we have no obligation to screen, edit, or monitor such content. However, we do reserve the right, and have absolute discretion, to remove, screen, or edit User Content at any time and for any reason.
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8. Privacy Policy
Our Privacy Policy sets forth how we treat data, including how we collect, use, and disclose information.
In addition, certain third parties (such as developers of Third-Party Content and the manufacturers of your computer, mobile phone, or other devices) may collect information about you when you use the Services. These third parties have their own privacy policies and will treat the information they collect about you according to these policies. We encourage you to review these privacy policies before providing any information to third parties. We are not responsible for the accuracy of any third party’s privacy policy or for ensuring that third parties comply with their privacy policies.
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9. Additional Terms
These Terms are in addition to, and do not replace or change, any other agreements you enter into with Voxon, which may include but are not limited to our developer agreements, special device terms of use, Code of Conduct, and software license terms. In addition, if you purchase physical goods from Voxon, other terms of sale or promotion may apply from time to time.
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10. Ownership and Intellectual Property
Unless otherwise expressly set forth herein, the Services are the property of Voxon or our licensors and are protected by copyright, patent, trademark, and other laws of Australia and foreign countries. You will not remove, alter, or obscure any copyright, patent, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.
Voxon Photonics, VLED, VX2, the Voxon logo, and other names, logos, and taglines appearing on or in the descriptions of the Products and Services (collectively, “Voxon Marks”) are trademarks, service marks, or registered marks of Voxon Photonics. The Voxon Marks may not be copied, imitated, or used, in whole or in part, without prior written permission. All other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks, service marks, or registered marks of their respective owners and may not be used without permission of the applicable trademark holder.
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11. Feedback
Separate and apart from User Content, you may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information about Voxon and our Services (collectively, “Feedback”). You agree that Voxon and its affiliates shall be able to use the Feedback in any way it may choose without any obligation to you.
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12. Reporting Copyright & Other IP Violations
If content you own or have rights to has been posted to our website without your permission and you want it removed, please contact contact@voxon.co. Your notice to us must include the following information:
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a. Physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
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b. Identification of the copyrighted work claimed to have been infringed (if multiple copyrighted works located on our website are covered by a single notification, a representative list of such works);
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c. Identification of the material that is claimed to be infringing or the subject of the infringing activity and information reasonably sufficient to allow us to locate the material on our website;
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d. The name, address, telephone number, and email address of the complaining party;
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e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner or the law; and
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f. A statement that the information in the notification is accurate and is given under penalty of perjury, and that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
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13. Hyperlinks
You are granted a limited, non-exclusive right to create text hyperlinks to our websites for non-commercial purposes; however, you may not use our logos or other proprietary graphics to link to our sites without our express written permission.
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The Services may contain links to third-party websites, applications, or other third-party services, and you understand that by accessing third-party links, you may be exposed to content that is offensive, harmful, inaccurate, or otherwise inappropriate. You understand and agree that we are not responsible or liable for the availability or accuracy of such third-party properties or the content, products, or services made available through such properties. We do not endorse or control such third-party properties and we make no representations or warranties of any kind regarding such properties. If you access or use any third-party properties, you should also be aware that such third parties’ terms and policies will govern.
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14. Limited Warranty and Disclaimer
Voxon provides a one (1) year Limited Warranty on each Voxon hardware product, in which the warranty period begins when such product is shipped and a shipping confirmation email has been sent to you. OTHER THAN AS EXPRESSLY PROVIDED BY VOXON IN THESE TERMS OR LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. VOXON MAKES NO OTHER WARRANTIES ABOUT THE PERFORMANCE OF THE PRODUCTS AND HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ANY WARRANTY OR SERVICE FOR ANY PRODUCT NOT MANUFACTURED BY VOXON, IF ANY, IS PROVIDED BY THE ORIGINAL MANUFACTURER AND NOT BY VOXON. IN ADDITION, VOXON DOES NOT REPRESENT OR WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, (B) THE OPERATION OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE, OR (C) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES, OR ADVICE GIVEN BY VOXON WILL CREATE A WARRANTY. THE FOREGOING DISCLAIMER OF WARRANTIES WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
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15. Indemnification
You agree to defend, indemnify, and hold harmless Voxon and our affiliates, independent contractors, and service providers, and each of our respective directors, officers, employees, and agents (collectively, “Voxon Parties”) from and against all third-party claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of, or related to (a) your purchase or use of, or inability to use, the Services; (b) your violation of these Terms or any other applicable terms, policies, warnings, or instructions provided by Voxon or a third party in relation to the Services; (c) your violation of any applicable law or any rights of any third party; or (d) any User Content or Feedback you provide.
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16. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL VOXON BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THE ORDERS, THE SERVICES, OR THESE TERMS OR YOUR USE OF OR INABILITY TO USE ANY SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF VOXON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL VOXON’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCTS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
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17. Dispute Resolution
17.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of South Australia, without regard to its conflict of law provisions.
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17.2 Jurisdiction and Venue
You agree to submit to the exclusive jurisdiction of the courts located in South Australia to resolve any legal matter arising from these Terms or your use of the Services or Products.
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18. Modifications to the Services
Voxon reserves the right to change, suspend, remove, discontinue, or disable access to the Services or particular portions thereof, at any time and without notice. In no event will Voxon be liable for the removal of or disabling of access to any portion or feature of the Services.
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19. Termination
We reserve the right to terminate your right to access and use the Services if you violate these Terms or any other terms or policies referenced herein, or if you otherwise create risk or possible legal exposure for us.
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20. Severability
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
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21. Assignment
You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Voxon, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
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22. Non-waiver
Any failure by Voxon to insist upon or enforce performance by you of any of the provisions of these Terms or to exercise any rights or remedies under these Terms or otherwise by law will not be construed as a waiver or relinquishment of any right to assert or rely upon the provision, right, or remedy in that or any other instance; rather, the provision, right, or remedy will be and remain in full force and effect.
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23. Contact Us
Voxon Photonics is located at L3B 5 Laffer Drive, Bedford Park, South Australia. You may contact us by sending correspondence to that address or by emailing us at contact@voxon.co.