Terms & Conditions — for Users of the Site

Definitions

XIP – XIP Proprietary Limited

User - the Person, Individual, Firm or Company which enters the Web Site

Web Site - http://www.genericsweb.com

Contents - any information, data, text, graphics, links or computer code published on or contained within the Web Site

Product - includes any and all company profiles, licensing opportunities, recruitment, event, press release, service provider, custom enquiry forms, company entry, keyword alerting, CV entry, industry newsletter and any other information and data whether offered free or for a fee

Service - as detailed in XIP’s then current Product brochure on the Web Site

1. Parties

1.1 The User signifies that they accept these Terms and Conditions by using the Web Site.

1.2 Users may print and keep a copy of this Agreement.

1.3 For Users convenience a current version of this Agreement is available on the Web Site. XIP may revise the Terms and Conditions at any time and without notice at its sole discretion. Any change will be deemed to take effect four hours after Web Site posting and will be deemed to be accepted by Users who continue to access the Web Site.

2. Service

2.1 The User will not be eligible for any compensation because they cannot use the Service or because of the failure suspension or withdrawal of all or part of the Service. XIP may change suspend or cancel the Service at its sole discretion at any time.

2.2 General access to the web site is free, any services or products incurring a fee will be clearly indicated on the web site.

3. Payment

3.1 Use of the web site is free of charge unless otherwise clearly indicated.

3.2 Payment for any fee based Service shall be on terms provided for the Service unless specifically agreed otherwise in writing between XIP and the User.

4. Ownership

4.1 All the Contents and images on the Web Site are the copyright of XIP and will at all times remain the property of XIP. All rights are reserved. No portion of the Web Site may be reproduced in any form or by any means without the prior written permission from XIP.

4.2 The XIP & GenericsWeb name and logo and all related product and service names, design marks and slogans are the trade names, service marks, or trademarks of XIP, and may not be used without the prior written consent of XIP.

4.3 All product names mentioned are acknowledged as the trade marks or registered trade marks of their respective owners. All trade marks are acknowledged.

4.4 While every effort is made to ensure that information on this site is accurate XIP assumes no responsibility for errors or omissions.

4.5 The ownership of information, data, trademarks, corporate logos and graphics remain the property of their owners, which are supplied to XIP for restricted use on the Web Site and associated publications.

4.6 Nothing in this agreement is intended to or will create any form of partnership or joint venture, agency, franchise, sales representation or employment relationship between XIP and the User.

4.7 No rights to, or property in the Web Site shall pass to the User.

5. User

5.1 The User subject to Clause 5.2 hereof shall not copy, duplicate, translate into any language or in any way reproduce the Web Site or any part thereof or any of its Contents or knowingly permit the same without written permission of XIP and the respective copyright owner.

5.2 The User shall be permitted to reproduce a reasonable number of copies of the Contents, (but not the computer code or any part thereof copy of which is strictly forbidden) for purposes of the User's own research or private study.

5.3 All and any copies of extracts from the Contents shall be clearly and conspicuously marked with XIP copyright notice as follows: "© Copyright XIP Pty Ltd”

5.4 Ensure that all Users' employees and representatives are made aware of the above conditions and comply with them.

5.5 Each User assumes full responsibility for all risks arising from use of the Web Site.

5.6 Contents published on the Web Site are for information purposes only and it is the responsibility of the User to identify and confirm the accuracy and suitability of the Contents and Exhibitors for whatever purpose the User requires or wishes to use the Contents.

5.7 Each User will indemnify XIP, its servants and agents, and hold XIP, its servants and agents, harmless against all claims, liability, losses, damages and expenses, including, without limitation, legal fees and costs arising out of or incurred as the result of any claims made, or litigation brought, against XIP, its servants and agents, as a result of the use by User of the Web Site Contents or part thereof for whatever purpose.

6. Warranties and Liabilities

6.1 XIP warrants that it will use all reasonable care and skill in carrying out obligations under this Agreement.

6.2 All other conditions warranties and obligations implied by statute common law or otherwise and any liabilities arising therefrom are excluded to the extent permissible by law.

6.3 XIP accepts no liability for the completeness or accuracy of any Contents supplied to XIP by the Exhibitor for placing on the Web Site.

6.4 User will hold XIP free of any and all actions against it as a consequence of data supplied by Exhibitor or User which is authorised for display on the Web Site, including all reasonable legal costs that XIP suffer or incur by reason of any claim or the defence of any claim relating to the person or company materials they have displayed on the Web Site and it is acknowledged that XIP makes no warranties representations or conditions with regard to any of the Contents whether expressed or implied arising by law or otherwise and which have been supplied by the Exhibitor and there is no implied warranty of merchantability or fitness for a particular purpose.

6.5 XIP does not limit its liability to the User for death or personal injury caused by any of XIP’s acts or omissions or those of its employees or agents acting in the course of their employment.

6.6 Limitation to Damages: Under no circumstances shall XIP or any of its officers, directors, employees, subsidiaries, agents, parents, or affiliates be held liable for any indirect, incidental, special or consequential damages, even if XIP has been advised of the possibility of damages, (including, without limitation, damages for losses whether of a personal, public, institutional or corporate nature, loss of any revenues or profits) arising in contract, tort or otherwise from the use of or inability to use the Web Site, or any of the Contents, or from any action or decision taken as a result of using the Web Site or the Contents. XIP’s liability for breach of this Agreement is limited to the amount actually paid (if any) by the User for use of the Services. XIP is hereby released from any and all obligations, liabilities and claims in excess of this limitation.

6.7 Indemnification: Exhibitors agree to indemnify XIP from and against any and all liabilities, expenses (including any legal fees) and damages arising out of claims based upon submissions for inclusion in the Web Site that are subsequently published by XIP on the Web Site, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other customers and infringement of intellectual property or other rights.

6.8 All provisions of this Clause limiting or excluding liability operate separately and shall survive independently of the other provisions

7. Termination

7.1 XIP reserves the right to decline, withdraw or terminate access to the Web Site without notice.

7.2 In the event that:

(a) the User is in breach of these Terms and Conditions and if capable of remedy fails to remedy them within thirty days of receipt of notice in writing or by e-mail from XIP requiring them to do so, or

(b) the User becomes insolvent and unable to pay its debts bankrupt or placed in the hands of a receiver or administrator or wound up (other than for a solvent reconstruction)

then XIP may immediately terminate the Service

7.3 Effects of termination.

The User:

(a) will remain liable to pay XIP all sums accrued due on or prior to the date of termination

(b) will continue to respect and uphold all confidentiality and copyright obligations

(c) will if requested by XIP, return all materials belonging to XIP and will specifically certify that they have done so

8. Force Majeure

No party shall be held to be in breach of its obligations hereunder (except in relation to the obligation to make payments) nor liable to the other for any loss or damage which may be suffered by another party due to any cause beyond its reasonable control including without limitation any act of God, failure, flood, lightning, fire, strike, lock out, trade dispute act or omission of government regulatory authorities other total communications operators or other competent authority.

9. Notices

Any notice required to be given under this Agreement shall be sent by first class post or fax or electronic mail and shall be deemed to be given two days after posting if sent by post to the other party's address as notified by the party, at the time the fax is sent if sent by fax before 4.00 pm in the afternoon otherwise 9.00 am the next working day and at the time the e-mail is received at either party's e-mail address if sent by electronic mail.

10. General

Any failure by any party to exercise or enforce any of its rights under this Agreement shall not be deemed to be a waiver of any such rights or operate so as to bar the subsequent exercise or enforcement of any such right.

This Agreement represents the entire understanding between us in relation to its subject matter and supersedes all other agreements or representations made by either of us whether oral or written.

If any provision of this Agreement is held to be invalid or unenforceable the validity or enforceability of the remaining provisions shall not be affected thereby.

Notices and communication to XIP should be sent for the attention of:

GenericsWeb Administration

XIP Pty Ltd

PO Box 202

Balmain NSW 2041

Australia

11. Law

This Agreement shall be governed by and construed in accordance with the Laws of New South Wales and the parties hereto submit to the exclusive jurisdiction of the Australian Courts.