TERMS & CONDITIONS OF WEBSITE USE

Welcome to our website.

PLEASE READ THESE TERMS AND CONDITIONS OF WEBSITE USE CAREFULLY BEFORE USING THIS WEBSITE.

If you continue to browse and use this website you are agreeing to comply with and be bound by the these Terms and Conditions of Website Use, which together with our Privacy Policy and Disclaimer govern the relationship between XCy Pty Ltd and you for use of this website.

By continuing to use this website, you accept and agree to these terms and conditions of website use.

DEFINITIONS

For the purposes of these Terms and Conditions of Website Use:

“XCy”, “Us”, “Our” and “We” means XCy Pty Ltd;

“Your” and “You” means you, the client, visitor, website user or person using our website.

“Agreement” means these Terms and Conditions of Website Use, our Privacy Policy and Disclaimer which together govern the relationship between XCy Pty Ltd and you for use of this website.

PRIVACY POLICY

The XCy Privacy Policy forms part of the Agreement.

DISCLAIMER

The XCy website Disclaimer forms part of the Agreement.

STANDARD TERMS AND CONDITIONS OF SALE

Any sale of goods or services by XCy is governed the Terms and Conditions of Sale .

Where there is any conflict in terms between the Agreement and the XCy Standard Terms and Conditions of Sale, then the XCy Standard Terms and Conditions of Sale shall have precedence.

AMENDMENT OF THESE TERMS

We reserve the right to change, modify, add or remove portions of the Agreement, without notice, at any time.  All changes will be effective immediately upon posting on our website. You are advised to check these terms and other parts of the Agreement prior to using our website to ensure you are aware of any changes.

LIMITATION OF LIABILITY FOR WEBSITE USE

It is an essential pre-condition to you using our website that you agree and accept that XCy is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your responsibility to ensure that any products, services or information available through this website meet your specific requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), the liability of XCy for any breach of the Agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

LINKS TO OTHER WEBSITES AND THIRD PARTY INFORMATION

XCy may from time to time provide on its website, links to other websites and information on those websites for convenience. This does not necessarily imply sponsorship, endorsement, or approval or any arrangement between XCy and the owners or operators of those websites. XCy takes no responsibility for any of the content found on the linked websites.

The XCy website may contain information provided by third parties and XCy accepts no responsibility for information or advice provided by third parties.

EXCLUSION OF COMPETITORS

If you are in the business of providing goods or services of a similar nature and industry to XCy, whether they be business users or domestic users, then you are a competitor. XCy expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then XCy will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. XCy reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from this website.

XCy Pty Ltd expressly reserves all copyright and trademark in its website and in all documents and information on its website and reserves the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT FOR WEBSITE USE

These terms and conditions represent the whole agreement between you and XCy concerning your use and access to the XCy website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

JURISDICTION

This agreement and this website are subject to the laws of Western Australia and Australia. If there is a dispute between you and XCy Pty Ltd that results in litigation then you must submit to the jurisdiction of the courts of Western Australia.