Terms of Use

Website Terms of Use

1. Introduction

1.1 Scope of Terms

These Website Terms of Use (“Terms”) govern your access to and use of the websites located at

www.xyston.com.au and www.xyston.au (collectively referred to as the “Site”) and any related services or

functionalities provided by Xyston Pty Ltd (ABN 84 641 527 433) (“Xyston,” “we,” “our,” or “us”). These Terms

form a legally binding agreement between you and Xyston. By accessing, browsing, or using the Site, you

confirm that you have read, understood, and agree to comply with these Terms in full. If you do not agree to these

Terms, you must immediately cease using the Site.

1.2 Amendments to the Terms

1.2.1 Xyston reserves the right to amend, update, or modify these Terms at any time, at its sole discretion.

1.2.2 Amendments take effect immediately upon being posted to the Site.

1.2.3 You are encouraged to periodically review these Terms to stay informed of any changes.

1.2.4 Your continued use of the Site after amendments are posted constitutes your acceptance of the revised

Terms, regardless of whether you have reviewed them.

1.2.5 If you object to any amendments, you must discontinue use of the Site immediately.

1.3 Binding Nature and Applicability

1.3.1 These Terms apply to all users of the Site, including participants, authorised representatives, contractors,

employees, and any other parties accessing the Site or using services offered via the Site.

1.3.2 In addition to these Terms, supplemental policies or terms (such as the Privacy Policy) may govern

certain services or features.

1.3.3 In the event of a conflict between these Terms and any supplemental terms, the supplemental terms

prevail for the relevant service or feature.

1.4 Legal Capacity and Eligibility

1.4.1 By accessing or using the Site, you represent and warrant that:

(a) You are at least 18 years of age or have the legal capacity to enter into these Terms.

(b) If you are under 18, you have obtained consent from your parent or legal guardian to use the Site in

compliance with these Terms.

Terms.

1.4.2 Any use of the Site by individuals or entities that do not meet the eligibility requirements above is strictly

prohibited.

1.5 Non-Waiver of Rights

1.5.1 The failure of Xyston to enforce any part of these Terms does not constitute a waiver of its right to

enforce that part or any other part of these Terms in the future.

1.5.2 Each provision of these Terms is intended to be severable. If any provision is found to be unenforceable

by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

1.6 Entire Agreement

1.6.1 These Terms, together with the Privacy Policy and any other legal notices posted on the Site, constitute

the entire agreement between you and Xyston regarding your use of the Site.

1.6.2 These Terms supersede all prior agreements, communications, and understandings, whether written

or oral, related to your use of the Site.

2. Eligibility and Use of the Site

2.1 Eligibility Requirements

2.1.1 By accessing or using the Site, you represent and warrant that:

(a) You are at least 18 years of age or have the legal capacity to enter into these Terms.

(b) If you are under 18 years of age, you have obtained consent from your parent or legal guardian to use the

Site under these Terms.

to these Terms.

2.1.2 Any access to the Site in violation of these requirements is prohibited. Xyston reserves the right to

terminate access to the Site if eligibility requirements are not met.2

2.2 Permitted Use

2.2.1 Xyston grants you a limited, non-exclusive, non-transferable, and revocable licence to access and use

the Site and its content (“Content”) solely for personal, non-commercial purposes.

2.2.2 You may download and print materials from the Site for personal use, provided you do not remove any

copyright, trademark, or proprietary notices.

2.2.3 Use of the Site does not grant you ownership of any intellectual property rights in the Content or services

accessed.

2.3 Prohibited Conduct

2.3.1 You agree not to engage in any of the following prohibited activities when using the Site:

(a) Illegal or unauthorised use of the Site or its Content.

(b) Disruption or interference with the Site, servers, or networks connected to Xyston.

the Site without express written permission from Xyston.

(d) Attempting to gain unauthorised access to the Site, other user accounts, or Xyston’s systems through

hacking, password mining, or other means.

(e) Uploading or transmitting viruses, malware, or other harmful code to the Site or any Xyston systems.

(f) Engaging in activities that threaten the security or integrity of the Site or any networks connected to it.

(g) Distributing spam, phishing emails, or unsolicited marketing materials, including chain letters or pyramid

schemes.

(h) Posting defamatory, obscene, or offensive content on the Site or through its services.

2.4 Termination of Access

2.4.1 Xyston reserves the right to suspend or terminate your access to the Site, at its sole discretion, at any

time, without notice, if:

(a) You violate these Terms or engage in prohibited conduct.

(b) Your actions are deemed harmful to Xyston, other users, or third parties.

2.4.2 Upon termination, your right to use the Site will immediately cease, and you must delete any downloaded

materials obtained from the Site.

2.5 User Responsibilities

2.5.1 You are responsible for:

(a) Keeping your account credentials secure (if applicable).

(b) Ensuring that any information provided to Xyston is accurate and up to date.

2.6 Acknowledgement of Risk

2.6.1 You acknowledge that use of the Site is at your own risk and that Xyston does not guarantee

uninterrupted or error-free access to the Site.

2.6.2 Xyston reserves the right to modify, suspend, or discontinue any part of the Site at any time without

notice. Xyston shall not be liable for any disruption caused by such modifications or interruptions.

3. Intellectual Property Rights

3.1 Ownership of Intellectual Property

3.1.1 All content, materials, and functionality provided on or through the Site, including but not limited to text,

graphics, logos, icons, images, videos, audio clips, data compilations, page layouts, code, and software

(collectively, “Intellectual Property”), are owned or licensed by Xyston Pty Ltd or its third-party licensors.

3.1.2 This Intellectual Property is protected under Australian copyright, trademark, patent, trade secret laws,

and international intellectual property treaties.3

3.2 Licence to Use Content

3.2.1 Xyston grants you a limited, non-exclusive, non-transferable, and revocable licence to view, download,

and print materials from the Site solely for personal and non-commercial use, provided that:

(a) You retain all copyright and proprietary notices on any downloaded or printed materials.

(b) You do not modify, reproduce, distribute, transmit, display, perform, publish, or create derivative works

from any content without the prior written consent of Xyston.

3.2.2 Your use of the Site does not grant you any ownership rights or intellectual property rights over the

content, software, or services made available on the Site.

3.3 Prohibited Use of Intellectual Property

3.3.1 You are strictly prohibited from:

(a) Copying, reproducing, distributing, or selling any content, materials, or services obtained from the Site

without express written authorisation.

(b) Using the Intellectual Property for commercial purposes or in a way that competes with Xyston’s business.

(d) Using Xyston’s trademarks, logos, or service marks without prior written consent from Xyston or relevant

third-party owners.

3.4 Third-Party Content

3.4.1 The Site may include content, services, or materials provided by third parties.

3.4.2 Any statements, opinions, or representations expressed in third-party content are solely those of the

third-party providers and do not necessarily reflect the opinions or positions of Xyston.

3.4.3 Xyston is not responsible for the accuracy, completeness, or reliability of any third-party content on the

Site.

3.5 Use of Trademarks

3.5.1 All trademarks, service marks, trade names, and logos used or displayed on the Site (collectively, “Marks”)

are registered or unregistered trademarks owned by Xyston or their respective third-party owners.

3.5.2 Nothing on the Site grants you a licence or right to use any Marks without the prior written permission of

Xyston or the relevant trademark owner.

3.5.3 Any unauthorised use of the Marks may result in legal action and civil or criminal liability under

applicable intellectual property laws.

3.6 Reporting Infringements

3.6.1 If you believe that your intellectual property rights have been infringed by content available on the Site,

please contact Xyston at:

Privacy Officer

Xyston Pty Ltd

ABN: 84 641 527 433

Email: admin@xyston.com.au

Phone: 08 9468 1502

Mailing Address: PO BOX 48, KINGSWAY 6065, Perth, Western Australia

3.6.2 Upon receipt of a complaint, Xyston will review the matter and take appropriate action, which may include

removing infringing content or restricting access to the content.

3.7 Reservation of Rights

3.7.1 All rights not expressly granted to you under these Terms are reserved by Xyston.

3.7.2 Any unauthorised use of the Site or its content may result in termination of your licence to use the Site

and may also subject you to legal action for infringement.

4. Disclaimers and Limitation of Liability4

4.1 No Warranty

4.1.1 The Site, including all content, services, and materials provided through it, is offered on an “as is” and “as

available” basis.

4.1.2 To the fullest extent permitted by law, Xyston disclaims all warranties, express or implied, including but not

limited to:

(a) Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

(b) Warranties that the Site will be uninterrupted, secure, or error-free.

4.1.3 Xyston makes no guarantees regarding the accuracy, completeness, or timeliness of the content

available on the Site.

4.2 Content Accuracy

4.2.1 The content provided on the Site is for general information purposes only and does not constitute

professional or legal advice.

4.2.2 While Xyston endeavours to keep the information on the Site accurate and up to date, we make no

representations or warranties about the reliability or completeness of any content.

4.2.3 You acknowledge that you use the content at your own discretion and risk, and that it may not be suitable

for your specific circumstances.

4.3 Limitation of Liability

4.3.1 To the fullest extent permitted by law, including the Australian Consumer Law, Xyston and its affiliates,

officers, directors, employees, agents, and contractors will not be liable for any:

(a) Direct, indirect, incidental, or consequential damages arising out of or related to your use of the Site or its

content.

(b) Losses, including lost profits, lost business opportunities, lost data, or reputational damage, resulting

from the use or inability to use the Site.

4.3.2 Xyston will not be liable for any unauthorised access to your information or accounts, disruptions caused

by third-party services, or system downtime.

4.3.3 In jurisdictions where limitations on liability are restricted, Xyston’s liability will be limited to the maximum

extent permitted by law.

4.4 Indemnification

4.4.1 You agree to indemnify, defend, and hold harmless Xyston, its affiliates, officers, directors, employees,

agents, and contractors from any claims, damages, losses, or expenses (including reasonable legal fees)

arising from or related to:

(a) Your breach of these Terms or violation of applicable laws.

(b) Your use of the Site or reliance on its content.

4.5 Third-Party Services and Links

4.5.1 The Site may contain links to third-party websites or services that are not under Xyston’s control.

4.5.2 Xyston does not endorse or assume responsibility for any third-party content, privacy policies, or

practices.

4.5.3 You access and use third-party services entirely at your own risk, and Xyston will not be liable for any

losses or damages resulting from your use of third-party sites or services.

4.6 Force Majeure

4.6.1 Xyston shall not be liable for any delays or failures to perform its obligations under these Terms caused

by events beyond its reasonable control, including but not limited to:

(a) Acts of God, natural disasters, or extreme weather events.

(b) Government actions, war, terrorism, labour disputes, or civil unrest.

4.6.2 In the event of a force majeure, Xyston will make reasonable efforts to restore services as soon as

possible.5

4.7 Disclaimer of Legal and Professional Advice

4.7.1 The information provided on the Site does not constitute legal, financial, or professional advice.

4.7.2 You are encouraged to seek independent professional advice relevant to your circumstances before

relying on any content from the Site.

4.8 Limitation of Claims Period

4.8.1 Any claim or cause of action you have arising out of or related to these Terms or the use of the Site must be

filed within 12 months of the event giving rise to the claim, or it will be permanently barred.

5. Privacy

5.1 Privacy Policy Incorporation

5.1.1 Xyston respects your privacy and is committed to protecting your personal information in accordance

with the Privacy Act 1988 (Cth) and other applicable Australian privacy laws.

5.1.2 By using the Site, you agree to the collection, use, disclosure, and storage of your personal information in

accordance with Xyston’s Privacy Policy, which is incorporated by reference into these Terms.

5.1.3 The Privacy Policy explains:

(a) The types of personal information we collect, including how it is collected.

(b) How we use, store, and protect your personal data.

5.2 Consent to Data Collection and Use

5.2.1 By using the Site, you consent to the collection and use of your personal information as outlined in the

5.2.2 If you do not agree to the collection, use, or disclosure of your information under the terms of the Privacy

Policy, you must cease using the Site immediately.

5.3 Third-Party Data Handling

5.3.1 Xyston may engage with third-party service providers to support the operation of the Site (e.g., IT

services, analytics, cloud hosting), who may have access to personal data.

5.3.2 Xyston will take reasonable steps to ensure that such third-party providers comply with relevant privacy

obligations. However, Xyston is not responsible for the privacy practices of these providers beyond our control.

5.4 Cookies and Tracking Technologies

5.4.1 The Site uses cookies and other tracking technologies to enhance user experience and analyse usage

patterns.

5.4.2 By using the Site, you consent to the use of cookies in accordance with the Cookie Policy outlined in our

5.4.3 You may modify your browser settings to decline cookies; however, certain features of the Site may not

function properly if cookies are disabled.

5.5 Security of Personal Information

5.5.1 Xyston implements appropriate technical and organisational measures to ensure the security and

confidentiality of personal information, including encryption, access control, and secure storage protocols.

5.5.2 While Xyston takes reasonable steps to protect your personal information, absolute security cannot be

guaranteed, and you acknowledge that any information shared online carries inherent risks.

5.6 Data Breaches and Notification

5.6.1 In the event of a data breach involving your personal information, Xyston will follow its Data Breach

Response Plan, including:

(a) Containing and mitigating the impact of the breach.6

(b) Notifying you and the Office of the Australian Information Commissioner (OAIC) where required by law.

5.6.2 You will be informed of steps you can take to protect yourself following a breach.

5.7 Access to and Correction of Personal Information

5.7.1 You have the right to:

(a) Request access to your personal information held by Xyston.

(b) Request corrections to inaccurate or incomplete personal data.

5.7.2 Xyston will respond to such requests in accordance with the procedures outlined in the Privacy Policy.

5.8 International Data Transfers

5.8.1 Your personal data may be stored or processed on servers located outside of Australia, including by third-

party service providers.

5.8.2 Xyston will ensure that any international transfers of personal information comply with Australian privacy

laws and that appropriate safeguards (e.g., Standard Contractual Clauses) are in place to protect your data.

5.9 Privacy Inquiries and Complaints

5.9.1 If you have any questions, concerns, or complaints about the handling of your personal information, you

may contact our Privacy Officer:

Privacy Officer

Xyston Pty Ltd

ABN: 84 641 527 433

Email: admin@xyston.com.au

Phone: 08 9468 1502

Mailing Address: PO BOX 48, KINGSWAY 6065, Perth, Western Australia

5.9.2 Xyston will endeavour to resolve any complaints promptly through its internal dispute resolution process.

If you are not satisfied with our response, you may escalate your complaint to the Office of the Australian

Information Commissioner (OAIC).

6. Third-Party Websites and Services

6.1 Links to Third-Party Sites

6.1.1 The Site may contain links to third-party websites or services that are not owned, operated, or controlled

by Xyston Pty Ltd.

6.1.2 Xyston provides these links solely for your convenience and does not endorse or assume responsibility

for:

(a) The content, functionality, or availability of third-party websites.

(b) The accuracy or completeness of the information on those websites.

6.1.3 Xyston is not responsible or liable for any loss or damage that may result from your access to or use of

third-party websites, including financial losses, data breaches, or harm to your device or data.

6.1.4 You are advised to review the privacy policies and terms of use of any third-party websites you visit

before providing them with personal information or engaging with their services.

6.2 Third-Party Services

6.2.1 Some services, tools, or features available through the Site may integrate with or rely on third-party

services, including but not limited to:

(a) Payment gateways for transactions.

(b) Cloud hosting providers or data storage services.

6.2.2 Your use of such third-party services is subject to the terms and conditions of the respective providers,

which may differ from those of Xyston.

6.2.3 Xyston is not responsible for the actions, omissions, or data practices of third-party providers. Any

issues arising from your use of third-party services should be addressed directly with the relevant provider.7

6.3 Acknowledgement of Risk

6.3.1 By accessing third-party websites or using third-party services through the Site, you acknowledge and

assume all risks associated with such use, including potential security vulnerabilities, inaccurate content, or

loss of data.

6.3.2 Xyston shall not be held responsible for any damages, losses, or liabilities arising from your interactions

with third-party websites or services, including financial loss, data breaches, malware infections, or

unauthorised access to your personal information.

6.4 Indemnity for Third-Party Risks

6.4.1 You agree to indemnify, defend, and hold harmless Xyston, its affiliates, officers, employees, and

contractors from any claims, liabilities, or damages arising from:

(a) Your use of third-party websites or services accessed through the Site.

(b) Any breach of third-party terms and conditions.

6.5 Monitoring and Removal of Third-Party Links

6.5.1 Xyston reserves the right, at its discretion, to monitor, add, modify, or remove third-party links or services

on the Site at any time without prior notice.

6.5.2 If you encounter a broken or inappropriate link, or if you believe that a third-party service listed on the

Site is unsafe, you should notify Xyston immediately using the contact details below:

Privacy Officer

Xyston Pty Ltd

ABN: 84 641 527 433

Email: admin@xyston.com.au

Phone: 08 9468 1502

Mailing Address: PO BOX 48, KINGSWAY 6065, Perth, Western Australia

. Termination

7.1 Termination by Xyston

7.1.1 Xyston reserves the right, in its sole discretion, to suspend, restrict, or terminate your access to the Site or

any part thereof, with or without notice, for any reason, including but not limited to:

(a) Violation of these Terms or any applicable law or regulation.

(b) Actions that threaten the security or integrity of the Site, its users, or Xyston’s systems.

(d) Non-compliance with supplemental terms or policies related to services provided through the Site.

7.1.2 Xyston is not liable for any losses or damages resulting from the suspension or termination of access.

7.2 Effect of Termination

7.2.1 Upon termination, your rights to use the Site and any content or services provided by Xyston immediately

cease, and you must:

(a) Cease all use of the Site.

(b) Delete or destroy any materials or content downloaded from the Site.

7.2.2 Any provisions of these Terms that, by their nature, should survive termination will remain in full force and

effect, including:

(a) Intellectual Property Rights.

(b) Disclaimers and Limitations of Liability.

(d) Governing Law and Jurisdiction.

7.3 Termination by User

7.3.1 You may terminate these Terms at any time by:

(a) Discontinuing use of the Site.8

(b) Deleting or destroying any content obtained through the Site.

7.3.2 Termination does not relieve you of any obligations or liabilities incurred before termination.

7.4 Temporary Suspension of Services

7.4.1 Xyston may temporarily suspend access to the Site or parts of it without liability for:

(a) System maintenance or updates.

(b) Security issues or technical failures.

7.4.2 Where feasible, Xyston will notify users of planned service interruptions but is not responsible for any

resulting inconvenience.

7.5 Indemnification Obligations Following Termination

7.5.1 You remain responsible for any breaches of these Terms that occurred before termination.

7.5.2 You agree to indemnify Xyston from any claims, damages, or liabilities arising from your use of the Site

or violations of these Terms prior to termination.

7.6 Right to Deny Future Access

7.6.1 Xyston reserves the right to deny future access to the Site to any user whose account was previously

suspended or terminated.

7.6.2 Xyston is not required to provide a reason for denial of future access.

8. Governing Law and Jurisdiction

8.1 Governing Law

8.1.1 These Terms are governed by and construed in accordance with the laws of Western Australia, without

regard to its conflict of law principles.

8.1.2 Any disputes, claims, or controversies arising from or relating to these Terms or the use of the Site shall be

resolved in accordance with Australian law.

8.2 Jurisdiction

8.2.1 You agree to submit to the exclusive jurisdiction of the courts of Western Australia and any courts

entitled to hear appeals from those courts.

8.2.2 You waive any objections to the venue of legal proceedings, including objections based on inconvenient

forum or jurisdiction.

8.3 International Use

8.3.1 If you access the Site from outside Australia, you are responsible for complying with any local laws

applicable in your jurisdiction.

8.3.2 You agree that your use of the Site will be governed solely by Australian law, regardless of local

regulations or requirements in other jurisdictions.

8.4 Limitation of Claims Period

8.4.1 Any claim or cause of action you have arising out of or relating to these Terms must be commenced within

twelve (12) months of the event giving rise to the claim, or it will be permanently barred.

8.4.2 This limitation applies to the fullest extent permitted by law, including claims under the Australian

Consumer Law.

8.5 Dispute Resolution and Good Faith Negotiation

8.5.1 Before initiating formal legal proceedings, the parties shall attempt to resolve any disputes through good

faith negotiation.

8.5.2 If the dispute cannot be resolved through negotiation, the parties agree to explore alternative dispute9

resolution methods, such as mediation or arbitration, before commencing legal action, unless immediate

legal action is necessary to protect rights or prevent further harm.

9. Changes to These Terms

9.1 Right to Amend

9.1.1 Xyston reserves the right to amend, modify, or update these Terms at any time, at its sole discretion.

9.1.2 Amendments take immediate effect upon being posted on the Site unless otherwise specified.

9.2 User Responsibility to Stay Informed

9.2.1 It is your responsibility to periodically review these Terms to stay informed of any changes.

9.2.2 Your continued use of the Site after any amendments are posted constitutes acceptance of the updated

Terms, regardless of whether you have reviewed them.

9.3 Notification of Changes

9.3.1 Xyston will make reasonable efforts to notify users of significant changes to these Terms, including:

(a) Posting a notice on the Site’s homepage.

(b) Sending notifications via email to users, where contact information is available.

9.3.2 Xyston is not liable if you fail to receive such notifications due to outdated contact details or technical

issues.

9.4 Discontinuation of Use

9.4.1 If you do not agree to the amended Terms, you must immediately discontinue your use of the Site.

9.4.2 Continued use of the Site constitutes your agreement to be bound by the amended Terms.

9.5 No Retroactive Changes

9.5.1 Changes to these Terms will only apply going forward from the date of the amendment.

9.5.2 Any previous actions, obligations, or liabilities incurred under earlier versions of the Terms will remain in

effect.

10. General Provisions

10.1 Entire Agreement

10.1.1 These Terms, together with the Privacy Policy and any other legal notices or supplemental terms posted

on the Site, constitute the entire agreement between you and Xyston Pty Ltd regarding your use of the Site.

10.1.2 These Terms supersede all prior agreements, communications, and understandings, whether written

or oral, relating to the use of the Site.

10.2 Severability

10.2.1 If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of

competent jurisdiction, such provision will be severed from these Terms.

10.2.2 The remaining provisions will continue in full force and effect, and the severed provision will be

replaced with a valid provision that reflects the original intent as closely as possible.

10.3 Waiver

10.3.1 No waiver of any term or condition of these Terms shall be effective unless it is made in writing and

signed by an authorised representative of Xyston.

10.3.2 A failure by Xyston to enforce any right or provision under these Terms shall not constitute a waiver of

such right or provision, nor will it affect Xyston’s right to enforce the provision in the future.10

10.4 Assignment

10.4.1 You may not assign or transfer your rights or obligations under these Terms without prior written consent

from Xyston.

10.4.2 Xyston may assign or transfer its rights and obligations under these Terms without restriction or notice

to you.

10.5 Force Majeure

10.5.1 Xyston shall not be held liable for any failure or delay in performing its obligations under these Terms due

to events beyond its reasonable control, including but not limited to:

(a) Acts of God, natural disasters, or extreme weather events.

(b) Government actions, war, terrorism, or civil disturbances.

(d) Infrastructure failures, power outages, or cyber-attacks.

10.5.2 Xyston will make reasonable efforts to resume services as soon as the force majeure event is resolved.

10.6 Notices

10.6.1 Any notices required under these Terms, including notices of amendments or legal notifications, will be

provided by:

(a) Posting on the Site; or

(b) Sending email notifications to the most recent contact details you provided, if available.

10.6.2 Xyston is not liable if you fail to receive notices due to outdated contact details or technical issues

beyond Xyston’s control.

10.7 Headings

10.7.1 The section headings in these Terms are provided for convenience only and shall not affect the

interpretation or meaning of these Terms.

11. Contact Information

11.1 How to Contact Us

For any questions, concerns, or inquiries related to these Terms, your use of the Site, or any other legal

matters, please contact Xyston using the details below:

Privacy Officer

Xyston Pty Ltd

ABN: 84 641 527 433

Email: admin@xyston.com.au

Phone: 08 9468 1502

Mailing Address: PO BOX 48, KINGSWAY 6065, Perth, Western Australia

11.2 Response Time

We will acknowledge inquiries within five (5) business days and aim to provide a resolution or further

information within thirty (30) days, unless additional time is required due to the nature of your inquiry.

Last Updated: 10-09-2024

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