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Use the Flash screen above or the HTML below for details of the Soggy™ Website Conditions of Use.
This XSi Website ("Website") is owned and operated by XSi Pty Limited (ABN 20 101 293 136) ("XSi"). Your access to the Website is conditional upon your acceptance and compliance with these terms and conditions, the XSi Privacy Statement, notices, disclaimers and any other terms and conditions or other statements contained on the Website (known collectively as "Terms of Use"). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use. XSi reserves the right to amend the Terms of Use at any time at its sole discretion.
Intellectual property and restrictions on use of Content on the Website
You should assume that all of the content made available to you on this Website,
including information, text, material, graphics, photographic images, software
and advertisements ("Content") is the property of their respective
owners including XSi, its suppliers and/or licensors unless expressly indicated
otherwise on the Website. The Content is protected by Australian and international
copyright and trademark laws. You must not modify, copy, reproduce, republish,
frame, upload to a third party, post, transmit or distribute the Content on
the Website in any way except as expressly provided for on the Website or expressly
authorised in writing by the owner. Strictly on the condition that you keep
all Content intact and in the same form as presented on the Website (including
without limitation all copyright, trademark and other proprietary notices and
all advertisements), you may:
·Using an industry-standard Web browser, download and view the Content
for your personal, informational, non-commercial use; or
·if you are an Internet service and/or access provider, supply the Content
to your subscriber.
You must not use the Website in any manner or for any purpose which is unlawful
or in any manner which violates any right of XSi, its suppliers and/or licensors
or which is prohibited by the Terms of Use.
User licence to XSi
By placing any information or other material on the Website (including posting
messages, uploading files, inputting data or engaging in any other form of communication),
you grant to XSi a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted,
worldwide licence to do the following in respect of the information or material:
1.Use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast,
publicly perform or display; and
2.Sublicense to any third parties the unrestricted right to exercise any of
the foregoing rights granted.
The foregoing grant includes the right to exploit all proprietary rights in
any such information or other material including but not limited to rights under
copyright, trademark, service mark or patent laws under any jurisdiction worldwide.
You expressly waive in favour of XSi and any other party authorised by XSi all
moral rights and any similar rights in any jurisdiction which you may have or
hereafter acquire in respect of any relevant communication or other material.
At the request and expense of XSi, you will execute and deliver to XSi such
instruments and take such other actions as may be required to carry out this
grant of licence and waiver.
Advertising, links to third party websites and e-commerce offers
The Website contains hyperlinks and other pointers to Internet websites operated
by third parties. These linked websites are not under the control of XSi, and
XSi is not responsible for the contents of any linked web or any hyperlink contained
in a linked website. XSi provides these hyperlinks to you as a convenience only,
and the inclusion of any link does not imply any endorsement of the linked website
by XSi.
The Website also contains third party advertisements (including banner ads and
full page advertisements) which contain embedded hyperlinks or which include
referral buttons to websites operated by third parties or their licensees or
contractors. All third party advertising (including referral buttons and embedded
hyperlinks) is paid for by the relevant third party advertisers and are not
recommendations or endorsements by XSi or their respective directors or employees.
You are referred to the relevant advertiser for all information regarding the
advertiser and its products and/or services.
In some instances, the advertisement will contain representations or offers
by the third party advertiser which you can accept by linking to the advertiser's
website and executing the relevant transaction. Such offers are not made by
XSi, and the third party advertiser is solely responsible to you for the delivery
of any goods or services you purchase on the third party website.
Disclaimer and limitation of liability
The Trade Practices Act and similar State and Territory legislation in Australia
may confer rights and remedies on you in relation to the provision by XSi of
goods or services on the Website which cannot be excluded, restricted or modified
("Non-excludable Rights"). XSi does not exclude any Non-excludable
Rights but does exclude all other conditions and warranties implied by custom,
law or statute.
Except as provided for by the Non-excludable Rights:
a. all Content is provided "as is" and without warranties of any kind,
either express or implied;
b. XSi and its suppliers expressly disclaim all warranties of any kind including
but not limited to implied warranties of merchantability and fitness for a particular
purpose;
c. XSi does not warrant that the functions contained in the Website will be
uninterrupted or error-free, that any defects will be corrected or that the
Website or the server which stores and transmits Content to you are free of
viruses or any other harmful components;
d. XSi does not warrant or make any representation regarding your access to,
or the results of your access to, the Website (including any related or linked
websites) or any Content in terms of correctness, accuracy, timeliness, completeness,
reliability or otherwise, and
e. you (and not XSi) assume the entire cost of any necessary verification, maintenance,
repair and/or correction of any relevant Content.
Under no circumstances (including but not limited to any act or omission on
the part of XSi) will XSi be liable for any indirect, incidental, special and/or
consequential damages or loss of profits whatsoever which result from any use
or access of, or any inability to use or access, the Website or any Content.
You expressly acknowledge and agree that XSi does not exert control over users
of the Website (including individuals referred to on the Website as guests and
experts) and is not liable either for their opinions or their behaviour including
any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, XSi limits its liability in respect
of goods and services not of a kind ordinarily acquired for personal, domestic
or household use or consumption at the option of XSi to the following:-
a. in the case of services supplied or offered by XSi:-
i. the supply of the services again; or
ii. the payment of the cost of having the services supplied again; and
b. in the case of goods supplied or offered by XSi:-
i. the replacement of the goods or the supply of equivalent goods;
ii. the repair of the goods;
iii. the payment of the cost of replacing the goods or acquiring equivalent
goods; or
iv. the payment of the cost of having the goods repaired.
Termination
The Terms of Use are effective until terminated by XSi, and XSi may terminate
this agreement and your access to the Website at any time without notice in
its complete discretion. In the event of termination, you are no longer authorised
to access the Website, but all restrictions imposed on you and all XSi disclaimers
and limitations of liability set out in the Terms of Use will survive.
Trademarks of XSi and Third Parties
Any trademarks, trade names or logos displayed on this site are the property
of XSi Pty Limited or other third party owners. Nothing contained on the Website
should be construed as granting any license or right of use of any trademark,
trade name or logo displayed on the Site without the express prior written permission
of their respective owner.
The XSi or Soggy logos may be available to you to place on your own website
as a hyperlink to the relevant XSi website, but such use requires the express
written authorisation of XSi and any use must be in accordance with XSi trademark
usage guidelines.
Privacy
The privacy of your personal information is important to us. Please view our
privacy policy on this Website. Should you have any questions concerning privacy,
please email at contact@x-s-i.com.
General Conditions
This agreement is governed by and construed in accordance with the laws of Western
Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction
of the courts of Western Australia and courts of appeal from them for determining
any dispute concerning this agreement. If any provision of this agreement is
found to be invalid or unenforceable by a court of law, such invalidity or unenforceability
will not affect the remainder of the agreement which will continue in full force
and effect.
These Terms of Use can be modified at any time by XSi and you agree to continue
to be bound by the Terms of Use as modified. We will give you notice of these
changes by publishing revised Terms of Use on the Website - we will not separately
notify you of these changes.
All rights not expressly granted herein are reserved.