Terms And Conditions

Terms and Conditions of Use

In this Terms and Conditions of Use, ‘XARY’, ‘our’, ‘we’ and ‘us’ refer to XARY Partnerships and subsidiary entities carrying the XARY name and operating as an entity under the XARY Group.

By accessing and using the XARY website, you agree to be bound by the Terms and Conditions of use outlined below. If you do not agree with any of these terms, you must cease use of this website and exit the website immediately. This includes accessing, uploading and downloading content as well as engaging in communication through our platform.

We reserve the right to amend our Terms and Conditions from time to time. Any changes made will be published on our site and are effective immediately. Your continuing use of our website will be taken as an agreement to adhere to any amended terms.

A. Terms of Use

1. Any user who accesses the XARY website must comply with the following terms and conditions:

   a. User must use the website for lawful purposes only;

   b. User must provide and maintain complete, correct, up-to-date, and accurate information on any submitted information;

   c. User must only post materials (if available) for which you have all the necessary rights or licenses;

   d. User must use own judgment, caution, and common sense in managing opportunities and information offered by or obtained from the website; and

   e. User will bear the risks of any reliance or use of any materials or any information provided by any third party which may be displayed or linked to the website.

2. A user must not use the website to:

   a. Breach or attempt to breach any security measures implemented by XARY to secure the website and their users’ information;

   b. Upload, post, transmit or store any material that is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable;

   c. Engage or encourage unlawful activities;

   d. Violate any state or federal laws;

   e. Breach any contractual or confidential obligations with XARY or third parties;

   f. Disrupt the normal operation of the XARY website;

   g. Use any device, process, or mechanism to monitor, retrieve, search, or access, the website or any material;

   h. Except as expressly permitted herein or to the extent applicable by law, copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any materials, except for materials that have been submitted and owned by you;

   i. Post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information;

   j. Infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party;

   k. Impersonate any person or entity; or

   l. Misrepresent yourself, your affiliation with any third party, or your entity.

3. Should the user breach any of the terms and conditions, XARY reserves their right to block and prevent you for using their services and website and can do anything that is reasonable to prevent you from accessing and using their website and services.

B. XARY website and Third Party links and widgets

1. The XARY website contains social media widgets and third-party links which enables information sharing via third party social media applications;
2. XARY is not responsible for the accuracy of information provided on said sites and will not be held liable for any loss or damage arising in connection with the use of information linked by third party sources;
3. All users acknowledges that the third-party links are not affiliated with XARY. XARY does not accept any liability or responsibility for the content displayed on those website or the security of those websites;
4. The third-party links provided on the XARY website are for your reference. We do not purport to endorse, support or sponsor those websites or any of the policies or views expressed by the third-party;
5. Users acknowledge that any access of third-party links and widgets, will be at their sole discretion and own risk. XARY should not be taken to have reviewed or approved all the content displayed on third party websites; and
6. If Users access third party websites, they acknowledge that they will be governed by the terms and conditions displayed on those websites. Users are responsible for familiarising yourself with a third party’s website terms of use.

C. THE USE OF COOKIES When you visit our website, we may collect your information through cookies and web beacons where enabled. This information may be used to tailor future visits to your website. Information we collect through cookies include:

• Your server address;
• The date and time of your visit;
• Duration of your visit;
• Device type;
• Location and postcode;
• If you have signed up to the Newsletter (name, email and phone number will be recorded);
• The pages and services you have accessed, including material you have downloaded.

This information collected will assist us with customising and personalising your personal online experience. Please also note that we may use collected information for analytical and developmental purposes.

D. INTELLECTUAL PROPERTY

1. Unless it has been stated otherwise, all content on this website is owned by XARY and is protected by copyright, trademark and other intellectual property law. XARY’s name and logo as featured on this website are registered trademarks. Nothing contained in this website is to be construed by the user as a licence to use the intellectual property of XARY;
2. By using this website, you agree not to reproduce, distribute, adapt, transmit or otherwise store our site’s materials without our prior written consent. Users must not pass on content from this website as their own. This includes the practice of 'Framing' this website within another website as well as copying and re-using parts of the website. Further Users must not engage in “scraping” or other manipulation of the content of the website;
3. Users must forge any header information in any electronic posting or mail. Unauthorised use of XARY’s information or content on this website is prohibited by law;
4. You may otherwise print or copy our site materials for your personal, internal-business or other non-commercial use, provided you keep intact all copyright and proprietary notices; and
5. Unless you have obtained express authorisation from XARY, you agree not to use the XARY name, logo in its original form or in combination with other written or visual elements, in any promotional or marketing material. XARY reserves the right to be fully indemnified should they suffer any loss or damage due to a claim from a third party as a result of a User using the XARY website to infringe on their intellectual property rights.

E. DISCLAIMERS AND LIABILITY

1. To the extent permitted by law, XARY and its employees shall not be held liable for any direct or indirect loss, damages (consequential, incidental or exemplary) or expenses (including loss of business or other profits), whether arising in contract or tort, as a result of a user relying on the information or other content made available on this website;

2. The users are solely responsible for ensuring that they have sufficient and compatible hardware, Service, telecommunications equipment, and Internet service necessary for the use of the website and services offered through the website. Nor does XARY warrant that all functions on the website will be compatible with all devices. If the website is accessed through a mobile device, the relevant wireless service carrier may charge applicable data rates and related fees;

3. XARY has not control over the flow of data via the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt the internet. XARY will use commercially reasonable efforts to remedy and avoid such events but cannot guarantee that such events will not occur. Accordingly, XARY disclaims any liability resulting from or relating to such events.

4. XARY does not warrant that:

   i. the website will meet all of your requirements;

   ii. the website will be uninterrupted, timely, secure or error-free; and

   iii. all errors in the website will be corrected.

5. These terms are in addition to any other applicable terms or policies on the XARY website;

6. XARY makes no representation or warranties of any kind, expressed or implied, as to the operation of this website or the content, materials, or products included on this site;

7. XARY does not warrant that this website, or e-mails are free of viruses or other harmful components and will not be liable for any damage or any kind arising from the use of this website, including, but not limited to direct, indirect incidental, punitive, and consequential damages;

8. XARY will take all reasonable steps to secure the users safety, however, make no guarantees that the website may experience from time to time, unauthorised access from users who jeopardise the safety and security of the website. XARY will take all reasonable steps to mitigate any damage to users however will not be held liable for third party corruption. Users of the website should enter at their own risk.

F. LEGAL DISCLAIMER

The information provided on our website is for general use and reference only. It is not to be relied on as professional legal, accounting or tax advice. If you seek professional advice regarding our services, you should consult with our team directly.

We have taken prudent measures to ensure, to the best of our ability, that the information provided on our website is accurate and up to date. However, the information displayed is on an ‘as is’ basis and we make no representations or guarantees regarding the complete accuracy or timeliness of said information.

G. PRIVACY POLICY

1. XARY is bound by the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APP) within the Act. By agreeing to these terms and conditions the Users also agree to be bound by our Privacy Policy displayed on our website; and
2. Users should read and understand our Privacy Policy before using any features or disclosing any information with us. It is the User’s sole responsibility to ensure they have read the Privacy Policy before continuing to use the features displayed in our website.

H. Security of Information

We do not warrant that this website is secure or free from any viruses or other defect which may affect your software. You agree to use this website at your own risk and will be liable for any loss resulting from usage. We recommend that you conduct your own virus checks before use of this website and any third-party websites that may be linked. XARY endeavours to protect data transmission of information, however we cannot ensure the security of the information you transmit over the internet. Any information you do transmit in using this website will be at your own risk.

I. WEBSITE UPDATES AND OUTRAGES

1. We may alter, update, modify, suspend or discontinue any aspect of the XARY website at any time. We reserve the right to amend these terms and conditions at any time, without notice by posting amended terms to the website. You will be deemed to have agreed to the amended terms when you next use this website following any amendment;
2. In the event there is a system failure causing a XARY website outrage, XARY will attend to reasonable means to rectify the outrage. Outages caused by hosting providers, Internet security, and/or Customer or user systems are outside XARY’s control and, in such event, XARY will assist the user in the diagnosis but may not be able to resolve the problem.

XARY take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond their control.

J. TERMINATION OF WEBSITE

XARY reserve the right to terminate or suspend this website or any part or feature at any time without prior knowledge or explanation.

K. GOVERNING LAW

These Terms and Conditions are governed by the laws of Victoria and New South Wales (Australia). By using this website, you submit to the non-exclusive jurisdiction of the courts of Victoria and New South Wales and any courts which may hear appeals from those courts.

L. CONTACT US

If you have any questions regarding in relation to the Terms and Conditions of Use, you may contact us through the “Contact” page on our website.

Otherwise you may contact the Admin team by email at admin@xary.com.au or at:

XARY PRIVACY PO BOX 23371 DOCKLANDS VIC 3008

We will endeavour to reply within 30 days of having received the query or complaint.