Your use of this website at www.xsworld.online (Site) is subject to these Website Terms of Use. By accessing and using the Site you confirm your acceptance of these Website Terms of Use and agree to be bound by them. If you do not agree to these Website Terms of Use, you must immediately exit and cease use of the Site.
The use of apps which we have linked on this Site are subject to our End-User Licence Agreement www.xsworld.online/terms-conditions.
“Associate” has the meaning given in the Corporations Act 2001 (Cth).
“Australian Consumer Law” means the Australian Consumer Law as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
“Consequential Loss” includes without limitation loss of profits, loss of revenue, loss of data, lost production, loss of business, loss of the benefit of any contract or other agreement or arrangement, losses which do not arise naturally from a breach of contract in the usual course, damage to reputation, damage to property, downtime costs and legal costs.
“Intellectual Property Rights” means all industrial and intellectual property rights throughout the world including all rights in association with copyright, trade marks (whether registered or not), patents, patent applications, eligible circuit layouts, moral rights, service marks, trade names, registered designs, unregistered design rights, know how, trade secrets, domain names, internet addresses and confidential information.
“We”, “us” and “our” are references to ELEVEN11 Tech Pty Ltd ACN 663 358 870 trading as XS World.
You agree that when accessing the Site you will not data scrape the Site either manually or by use of a web spider, web robot or any other web crawling or other technology.
You must not introduce to this Site any viruses, bugs, defects, corrupting program, Trojan horse or other material that may be technologically harmful or malicious.
You must not use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site.
You must not attempt to obtain unauthorised access to any part of the Site, or to our servers or any hardware supporting the Site.
You must not attempt to:
You must not use this Site for any illegal purpose. Without limitation you must not:
Details of offences committed by Site users under Australian law may be reported to the relevant law enforcement authorities.
You must comply with any acceptable use policy we publish on this Site.
All information provided by us on this Site is provided by us as general information and is not in the nature of advice. We reserve the right to update or otherwise change this information at any time.
We do not make any representations, or provide any warranties, that any information we provide is reliable, up-to-date, accurate, complete or suitable for any particular purpose.
You use and rely on any information provided on this Site, or in respect of any Products, at your own risk.
All intellectual property in this website, including copyright, any trade marks and any other intellectual property rights in or associated with this website is owned by or licensed to us.
You must not do or allow any third party to do anything which may infringe, damage or endanger our intellectual property rights or the intellectual property rights of a third party in respect of the website.
If you submit or post any reviews, comments, feedback, ideas, suggestions, content or materials on this Site (collectively “Contributions”) you must comply with the following Contributions standards.
Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with all applicable laws.
Contributions must not: contain any material which is defamatory of any person, obscene, hateful or inflammatory; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; carry out, advocate, promote or assist any illegal act, including but not limited to violence, computer misuse or the infringement of the intellectual property rights of any other person; be made in breach of any legal duty owed to a third party such as a contractual duty or a duty of confidence; be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person; be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or give the impression that they emanate from us when that is not the case.
Any Contributions will be and will remain our property. By making a Contribution you assign to us all worldwide rights, title and interest in all Intellectual Property Rights in your Contributions. We will own exclusively all rights, title and interest in any Contributions and will not be limited in any way as to the use, commercial or otherwise, of any Contributions. If requested by us at any time you will sign all documents required to effect, perfect or register the Intellectual Property Rights assignment referred to in this clause.
You acknowledge and agree that you make any Contributions, and transmit any information via this Site, at your sole risk. No data transmission over the internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information which you transmit to us.
You may not produce links to this Site (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our written consent.
If you do create a link to this Site (whether with our consent or in breach of these Website Terms of Use), you do so at your own risk. The exclusions, disclaimers, limitations and indemnities set out in these Website Terms of Use will apply to your linking to our Site and the consequences and actions resulting from the linking.
This Site may contain links to third party websites (“Linked Websites”). We take no responsibility for the content or privacy practices of any Linked Websites. We do not control or guarantee the accuracy, relevant, timeliness or completion of any information on Linked Websites. We provide no warranties or guarantees in relation to the accessibility, function or security of any Linked Websites. The inclusion of any link does not imply reliability and endorsement by use of the content of any Linked Websites or any third party’s goods or services. Your access and use any Linked Websites is solely at your own risk. You release us from any and all liability arising from your access or use of any Linked Website.
Access to and use of this Site is at the user’s own risk.
We do not warrant that the use of this Site or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We do not represent or warrant that the Site will be error-free or free from viruses, faults, defects or other harmful elements or that any bugs, viruses, Trojan horses or other corrupting programs will not be transmitted to or though the Site by any party. It is recommended that you take all appropriate safeguards (such as installing appropriate anti-virus software and firewalls) before downloading any content from this Site.
We do not warrant or represent that your access to the Site will be uninterrupted, timely or secure.
To the maximum extent permitted by law, neither we, nor any of our Associates, will be liable for any direct, indirect or Consequential Loss resulting from your access to the Site or any action taken or reliance by you on any information provided on this Site (including through negligence).
If the Australian Consumer Law or any other law implies a guarantee, condition or warranty into these Website Terms of Use which cannot be excluded by law, our liability for any breach of such guarantee, condition or warranty will be, to the maximum extent permitted, either limited to the replacement or supply of equivalent goods or services, or the payment of the cost of having the goods or services re-supplied.
Nothing in these Website Terms of Use excludes any liability under the Australian Consumer Law, or any other applicable consumer law, that cannot be excluded by law.
You must continually indemnify us and our 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 these Website Terms of Use, your breach of any third party’s Intellectual Property Rights or any wilful, unlawful or negligent act or omission by you.
You agree that any personal information that we collect from you via this Site or otherwise may be used and disclosed by us in accordance with our Privacy Policy www.xsworld.online/orivacyoolicy.
We may vary these Website Terms of Use at any time by publishing the varied Website Terms of Use on this Site. By continuing to access or use this Site, you accept these Website Terms of Use as varied from time to time.
These Website Terms of Use are governed by the laws of Perth, Western Australia. You agree to submit to the exclusive jurisdiction of the courts of Perth, Western Australia.
The Site is managed from Perth, Western Australia. We make no representations that the content and materials on the Site are appropriate for use in other locations.
Any provision in these Website Terms of Use that is illegal, void or unenforceable in a jurisdiction will as to that jurisdiction, be ineffective to the extent of the illegality, voidability or unenforceability, without invalidating the remaining provisions of these Website Terms of Use or affecting the validity or enforceability of that provision in another jurisdiction.
If we waive any rights we have under these Website Terms of Use as a result of your breach, it will not operate as a waiver of any future breaches.
