You have downloaded the App made available by ELEVEN11 Tech Pty Ltd ACN 663 358 870 trading as XS World (XS World). By using all of any part of the App, you agree to be bound by the terms of this Agreement and you consent to your personal information being handled in accordance with our privacy policy as published at www.xsworld.online/privacypolicy from time to time.
Please read the terms of this Agreement carefully. If you do not wish to be bound by the Agreement, you must immediately cease using the App.
Agreement means this agreement, any annexures, and any documents incorporated by reference.
Customer means the user of a Personal Account who places orders with a Venue via the App.
Personal Account means an account used by Customers.
Venue means a party which has entered into a Venue Terms Agreement with XS World.
Venue Account means an account used by Venues.
Venue Terms Agreement means the agreement of that name between the Venue and XS World.
2.1 Registration of Accounts. To use the App, you must register for and maintain an active Personal Account or a Venue Account. The type of account will depend upon whether your use of the App is as a Customer or a Venue. Personal Accounts and Venue Accounts will have differing functionalities.
2.2 Personal Accounts. Registration of a Personal Account requires you to share certain personal information such as your name, address, mobile phone number, age, and at least one valid payment method. You agree to maintain accurate, complete, and up-to-date information in your Personal Account. A failure to maintain accurate, complete, and up-to-date information may affect your ability to use the App. You are responsible for maintaining security measures for your Personal Account, including any username and password. You may only hold one Personal Account.
2.3 Venue Accounts. Venue Accounts may only be registered by Venues which have received pre-approval from XS World and are a party to a current Venue Terms Agreement. A Venue may authorise individuals employed by the Venue (or a subsidiary of the Venue) to access and use the Venue Account on behalf of the Venue. The Venue is responsible for maintaining security measures for the Venue Account including any username, password and authorisation of Venue Account users. A Venue may only hold one Venue Account.
2.4 Warranty of Authority. If you are using a Venue Account, you agree to be bound by the terms of this Agreement and warrant that you have the authority of the Venue to use the Venue Account. You agree that this Agreement is binding on you personally.
2.5 Terms Binding on Venues. Venues are responsible for ensuring that authorised personnel are aware of this Agreement and its binding effect. By providing access to the Venue Account, the Venue warrants that the authorised personnel have read this Agreement and agree to be bound by it. The Venue will be liable for any breach of this Agreement by any person who is using a Venue Account, as if the Venue itself had committed the breach. If for any reason the terms and conditions of this Agreement are not binding upon the Venue in the Venue’s jurisdiction, then the Venue is prohibited from using the App in any manner whatsoever and must promptly cease use of the App.
You must not:
Your use of the App must not:
You must comply with any acceptable use policies that we inform you of that apply to the App and any other lawful directions that we provide to you regarding your use of the App.
You acknowledge and agree that we may suspend or terminate your access to the App if you breach this Agreement or for any other reason at our discretion, without providing you with prior
The intellectual property rights to the App and the material available therein are owned by or licensed to XS World. You do not obtain any rights, title or interest in the intellectual property rights as a user of the App.
You are granted a limited, global, non-transferrable, non-assignable, licence (without the right to sub-licence) to the App for the sole purpose of your access to and use of the App in accordance with this Agreement.
You grant XS World a perpetual, irrevocable, non-exclusive, transferrable, global, royalty-free license to use, copy, modify, adapt, publish, transmit or broadcast, and otherwise deal with (including sub-license) any information, data, works or other subject matter which you upload to the App.
For the avoidance of doubt, nothing in this clause 4 will affect or override a Venue’s intellectual property rights as set out in the Venue Terms Agreement.
To the extent permitted by law, the App is provided “as-is” and XS World expressly disclaim all warranties or guarantees of any kind, whether express, implied, statutory or arising out of the course of performance, course of dealing or usage of trade including any warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title or non-infringement. You represent and warrant that you have made your own independent enquiries to satisfy yourself in the absence of any such representation, guarantee or warranty prior to using the App or relying on any material therein.
The App may provide links to websites and other online resources operated by third parties. You acknowledge and agree that XS World does not have any control over, and is not responsible or liable for, the content of any website or other online service operated by any third party.
You acknowledge and agree that XS World is the provider of the App only and that it is not responsible or liable for the products advertised or sold to Customers by a Venue.
To the extent permitted by law including the Australian Consumer Law (schedule 2 to the Competition and Consumer Act 2010 (Cth), XS World’s liability with respect to any goods or services supplied by XS World is limited, at its sole discretion, to:
XS World is not liable under this Agreement:
Except to the extent that any law provides otherwise, XS World’s maximum liability under this Agreement, whether in contract, tort (including negligence) or otherwise, is limited, per event and in the aggregate, to:
You must indemnify us and our related bodies corporate and associates, jointly and severally, against any claim or proceeding that is made, threatened or commenced and against any liability, loss, damage or expense (including legal costs on a full indemnity basis) suffered or incurred as a direct or indirect result of your breach of this Agreement, any claim alleging that the use of your data infringes the rights or, or has caused harm to, a third party or any wilful, unlawful or negligent act or omission by you.
Neither of the parties to this Agreement may commence legal proceedings against the other (except for urgent interlocutory relief) unless the parties have complied with this clause 8.
If a dispute arises between the parties in relation to this Agreement, the disputing party must give notice of the dispute to the other party, and each party must use all reasonable endeavours to resolve the dispute.
If the dispute remains unresolved fourteen (14) days after notice is given under clause 8.2, the parties must attend a mediation before an agreed mediator, or if no mediator is agreed, a mediator nominated by the President of the Western Australian Law Society or the President’s nominee.
Unless otherwise agreed: (a) mediation will take place in Perth, Western Australia, or by video link; and (b) each party will be entitled to legal representation.
Each party will use all reasonable endeavours to resolve the dispute through mediation as soon as practical including, but not limited to, providing the mediator with all information relevant to the mediation.
Each party must bear its own costs of complying with this clause 8 and bear equally the mediator’s costs.
If the dispute remains unresolved thirty (30) days after the appointment of the mediator, a party that has complied with this clause 8 may terminate the dispute resolution process by giving notice to the other party in writing.
If a party breaches this clause 8 the other party need not comply with this clause.
Our failure to insist upon strict performance of any of your obligations under this Agreement, or exercise any of the rights or remedies to which we are entitled under this Agreement, does not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
Our waiver of any default shall not constitute a waiver of any subsequent default.
Our waiver of any of these terms and conditions shall not be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of the terms of this Agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
This Agreement constitutes the whole of the agreement between the parties. You agree that you have not relied on any statement, representation, assurance or warranty made by any person (including a third party) in entering into this Agreement.
This Agreement is governed by and is to be construed in accordance with the laws applicable in Perth, Western Australia.
Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Western Australia, Australia and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.
