Website Terms and Conditions

Welcome to Xref. This website is operated by Xref Limited ABN: 34 122 404 666 and it’s subsidiary’s; Xref (AU) Pty Ltd ABN 30 147 613 938 (Australia); Xref (UK) Ltd Company Number: 09919272 (United Kingdom); Xref Referencing (CA) Ltd Business Number: 780085890BC0001 (Canada) (collectively referred to as “we”, “us” or “our”).

These Terms and Conditions govern your access to and use of this website. By accessing or using this website, you agree to be bound by these Terms and Conditions and by our Privacy Policy available by clicking here.

Intellectual Property

This website contains intellectual property which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of the website. You obtain no interest in any of that intellectual property.

You must not breach any copyright or intellectual property rights connected with this website. This includes but is not limited to:

(a) altering or modifying any of the code or the material on this website;

(b) causing any of the material on this website to be framed or embedded in another website; or

(c) creating derivative works from the content of this website.

User Content

From time to time you may be able to communicate with other users of this website and to post content on the website (User Content).

When you add User Content to this website, you:

(a) must not submit any false or defamatory content;

(b) are solely responsible for that User Content.

(c) warrant that you have all necessary rights to post the User Content;

(d) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use the User Content in any way and permit us to authorise any other person to use the User Content in any way; and

(e) you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any User Content in which any third party has moral rights, you must ensure that the third party consents in the same manner.

We reserve the right to amend or delete or not display any and all User Content.

We do not:

(a) warrant the identity of any user; or

(b) provide any guarantees in relation to the accuracy, quality or integrity of any User Content, and whilst we reserve the right to monitor all content and information exchanged via this website, we do not have any obligation to do so.

Information

Any information made available on this website, including any User Content, recommendations, statements and opinions contained on this website (Information), is for general information purposes only. The Information does not take into account your specific circumstances and any reliance you place on the Information is at your own risk. We are not responsible for any errors or omissions in the Information.

Before acting on any Information we recommend that you:

(a) consider whether it is appropriate for your intended purposes;

(b) carry out your own research; and

(c) seek professional advice where necessary.

Prohibited conduct

You must not:

(a) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

(b) use or attempt to use any engines, software, tools, or other mechanisms (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the commonly recognised search engine and agents, and other than generally available third party web browsers;

(c) attempt to decipher, decompile, disassemble or reverse engineer any of the code or software comprising in or in any way making up a part of this website and;

(d) use this website to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

(e) use this website in connection with the distribution of unsolicited commercial email i.e. spam or advertisements;

(f) perform any acts which will interfere with the proper working of this website;

(g) stalk or harass any other user of this website or collect or store any personally identifiable information about any other user;

(h) engage in any screen scarping or data acquisition or consolidation;  or

(i) advocate, encourage or assist any third party in doing any of the foregoing.

Accounts

If you open an account on this website, you are responsible for:

(a) Providing us with accurate and complete information

(b) keeping the username and password to your account confidential; and

(c) all activities which occur under your account.

You must notify us immediately of any unauthorised access of your account by sending an email to contact@xref.com.

Third Party Links and Websites

This website may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse, sponsor or approve any such third-party sites, information, materials, products, or services.

If you access any third party website, service, or content via this website, you do so at your own risk. We will have no liability arising from your use of or access to any third-party website, service, or content.

Disclaimers

This website is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

We do not warrant that:

(a) this website will meet your requirements;

(b) the Information is accurate or reliable;

(c) this website or your access to this website will be completely error free;

(d) this website or the server which stores and transmits material to you are free of viruses or any other harmful components; or

(e) this website will operate on a continuous basis or be available at any time.

We are not responsible for and will not accept liability for any User Content which you or any other user or third party posts or transmits using the Services. You understand and agree that you may be exposed to User Content that is inaccurate, inappropriate, defamatory, offensive, or otherwise unsuited to your purpose.

We have no responsibility for any damage to your computer system or loss of data that results from the download of any Information, User Content or any other content made available to you via this website. Any content, materials or information downloaded or otherwise obtained through the use of this website is done at your own discretion and risk.

We make no representations or warranties (express or implied) in relation to the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained in this website.

Limitation of Liability

To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms and Conditions, and the Australian Consumer Law to the extent applicable.

To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from:

(a) your access to or use of or inability to access or use this website;

(b) any conduct or content of any other user or third party; or

(c) unauthorised access, use or alteration of your User Content.

If we are not able to exclude liability, our aggregate liability for all claims relating to this website will not exceed one hundred Australian dollars (or equivalent).

Indemnity

You agree to defend and fully indemnify and hold us and our affiliated companies (and our officers, directors, employees and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:

(a) your use of or access to this website;

(b) any breach by you of these Terms and Conditions; or

(c) any wilful, unlawful or negligent act or omission by you.

This defence and indemnification obligation will survive the termination or deactivation of any account you may open on this website.

Governing law

These Terms and Conditions are governed by and will be interpreted in accordance with the laws of New South Wales.

This website may be accessed outside of Australia. We make no representation that this website complies with the laws of any country outside Australia. If you access this website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this website.

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