Terms and Conditions

 

Terms of Use: “Customer” means the purchaser or recipient of any Material from this web site or directly from the Supplier and/or any person, entity or organisation using or entering this web site or viewing the Material, including their officers, employees, employers, agents, contractors or principals; “Forum” means a chat area, social Media, bulletin board, web log (blog) or email function offered through this web site or otherwise offered by the Supplier; “Material” means any and all products, services, advice, recommendations, instructions and other content contained on or offered for sale on or obtained from this web site or accessed from or through this web site or from the Supplier directly; “Standards” means any and all legislative and regulatory requirements and standards applicable to the Material; “Supplier” means this web site, the entity known as exco or excollective, the entities and/or persons that form and/or own an interest in exco and their principals (these entities and/or persons, together and/or individually “exco”), all companies and/or other entities and/or persons related to or associated with or affiliated with this web site or exco and all of their owners, directors, partners, principals, document authors, officers, employees, agents and contractors.
While the Supplier endeavours to provide Material that complies with the Standards, the Customer agrees that it uses this web site and purchases, otherwise procures, uses and/or views the Material at its sole risk. The Customer agrees that it has relied upon and shall continue to rely upon its own knowledge and expertise in selecting any of the Material for any purpose. The Customer further agrees that it is solely responsible for checking that all such Material complies with the Standards before use or application and agrees to use or apply the Material in accordance with the Standards and at all times with good commercial practice. The Material is intended for general use only and should not be considered to be complete or definitive. The Customer should obtain professional legal and/or financial and/or other relevant advice before acting or relying on the Material. The Supplier does not give warranties express or implied in relation to any Material. The Supplier does not warrant that this web site or the server that makes it available are free of viruses or other harmful components. To the maximum extent permitted by law, all conditions and warranties not expressly included above but which may otherwise be implied in contract, at law, in equity or under any statute are excluded.

This web site may contain references and/or links to other web sites. The Customer acknowledges and accepts that the Supplier is not and cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in sites listed in search results or otherwise linked to this web site.
The Customer agrees that, to the maximum extent permitted by law, the Supplier’s liability is at all times limited to the actual direct cost of supply of a relevant replacement a product or service incurred by the Customer. Subject always to the following sentence, the Supplier shall not be liable for any claim whatsoever which is received by the Supplier after 7 days from the date of purchase or receipt or viewing of the Material or at all once any Material has been used or applied by the Customer, after which the Customer shall be deemed to have accepted unqualified liability. The Supplier shall not be liable to the Customer, or any other person for, and the Customer releases and discharges the Supplier from, and indemnifies the Supplier against, any liability, loss or damage (including without limitation any loss of profits, special, exemplary, punitive, indirect, consequential, or contingent loss or damage) arising in any way or incurred by any person, either directly or indirectly, in connection with the Material and this web site and the Customer hereby agrees to this express limit of liability and agrees to limit any claim accordingly.

No Material may be resold, gifted, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that the Customer may download one copy of any Material purchased from this website, on any single computer for use only by the Customer, provided the Customer keeps intact all copyright and other proprietary notices. Modification of the Material or use of the Material for any other purpose is a violation of the Supplier’s copyright and other proprietary rights. The use of any Material on any other web site or networked computer environment is prohibited. All trademarks, service marks and trade names are proprietary to the Supplier.

A Forum shall be used only in a non-commercial manner. The Customer shall not, without the Supplier’s written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. The Customer specifically acknowledges that soliciting other Customers or guests of the Supplier to join or become members, guests or customers of any commercial online service or other organisation is expressly prohibited.

The Customer shall not upload to, distribute through, or otherwise publish through the Supplier any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable or that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise give rise to liability, or violate any law.

By uploading materials to any Forum or submitting any materials to the Supplier, the Customer automatically grants (or warrants that the owner of such rights has expressly granted) the Supplier, for any purpose whatsoever, a perpetual, royalty-free, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the world. In addition, the Customer warrants that all so-called “moral rights” in those materials have been waived.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without giving effect to any principles of conflicts of law. The Customer agrees that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in New South Wales and the Customer hereby consents and submits to the personal jurisdiction of such courts for the purpose of litigating any such action. If any provision of these Terms of Use is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

The Supplier reserves the right, at its discretion, to amend these Terms of Use.

By entering and/or using this web site in any way whatsoever and/or accepting or using the Materials or any services of or from exco, the Customer agrees to these Terms of Use and agrees to abide by them and any amendments to or replacements of them.

Privacy Policy
exco is committed to fulfilling its obligations under the Privacy Act 1998 (Cth), as amended (Privacy Act) and the Australian Privacy Principles (APPs). The definitions used in this web site’s Terms of Use apply to this Privacy Policy.

If the Customer contacts exco via email or a form over this web site, exco shall collect the Customer’s email address and other personal information, which may include other contact information such as the Customer’s name, address, phone number and other information about the Customer, including interests and opinions, and the Customer’s occupation or business. Personal information may also include information about any transactions, both free and paid, that the Customer enters into on the web site, and information about the Customer that is available on the internet, such as from Facebook, LinkedIn, Twitter and Google, or publicly available information that exco acquires from service providers. Such email address and other personal information shall only be disclosed or used as set out in this Privacy Policy.

In addition to the uses identified elsewhere in this Privacy Policy, exco may use such information for the primary purpose it was collected or a secondary purpose including to: (a) improve Customers’ browsing experience by personalising the web site and to improve exco’s Materials; (b) send information to Customers, which exco thinks may be of interest to Customers, by post, email or other means; and (c) send to Customers marketing communications relating to exco’s business or the businesses of carefully selected affiliates of exco, which exco thinks may be of interest to Customers.

exco may, from time to time, contact Customers on behalf of external business affiliates about a particular offering that may be of interest to Customers. In addition, exco may share data with trusted affiliates to contact Customers based on their request to receive such communications, help exco perform statistical analysis or improve its Materials, or provide Customer support. Such third parties are prohibited from using Customers’ personal information except for these purposes, and they are required to maintain the confidentiality of the information.

exco may also use Customers’ personal information as otherwise permitted under the Privacy Act.

exco endeavours to ensure the personal information that it holds is protected from misuse, unauthorised access, modification or disclosure through the use of security measures.

exco provides links for the Customer’s convenience. exco is not responsible for the sites to which the links are provided. Therefore, this Privacy Policy is no longer applicable once these links are accessed and the Customer has departed this web site.

exco uses cookies to track users, remember settings and maintain login sessions. A cookie is a small amount of unique data that is sent to a browser from a web site and stored on a computer. exco may set and access cookies on the Customer’s computer.

exco may use Google Analytics, Hubpot or or similar technologies to help analyse how Customers use this web site. Such analytical tools collect standard visitor behaviour information. The information generated by the cookies about the Customer’s use of the web site (including IP addresses) may be transmitted to Google, Hubspot or other analytical tool provider, who may reside overseas. This information may then be used to evaluate a Customer’s use of the web site and to compile statistical reports on web site activity for exco.

If Customers provide exco with personal information, they have the following rights with respect to that information:
• To review the Customer information supplied to exco.
• To request that exco correct any errors, outdated information or omissions in Customer information supplied to exco.
• To request that Customer information not be used to contact the Customer.
• To request that Customer information be removed from any solicitation list that exco uses.
• To request that Customer information be deleted from exco’s records.
• To opt out of being solicited by exco or its affiliates.

To exercise any of these rights, please contact exco at info@excollective.com.au. exco will promptly change, correct or delete the Customer information and notify the Customer of the action exco has taken.

exco reserves the right, at its discretion, to amend this Privacy Policy.

By entering and/or using this web site in any way whatsoever, the Customer agrees to this Privacy Policy and agrees to abide by the policy and any amendments to or replacement of the policy.

 

 


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