Site Use Terms

XCELIT Pty Ltd, ABN 72 657 952 219, on behalf of itself and its member firms provides its content on its websites, including any portal or hidden page (the ‘Website’) subject to the following terms and conditions (the ‘Terms’) applicable to you as a visitor to our Website.

XCELIT Pty Ltd will be referred to as XCELIT for the purposes of Site Use Terms and may be used interchangeably with XCELIT Pty Ltd.

We may periodically change the Terms, so please check back from time to time. If you are a XCELIT client accessing our Client Portal, please take time to read the Client Portal Terms and Conditions which together with these Terms govern your use of the Client Portal.

These Terms were last updated November 2020. By accessing, browsing or using this Website, you signify your acceptance of these Terms.

For an explanation of XCELIT Australia’s practices and policies related to the collection, use, and storage of our users’ information, please read our Privacy Policy.


1.  Copyrights & trademarks

All content and functionality on any part of the Website, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of XCELIT or its licensors and is protected by Australian and international copyright laws.

All rights not expressly granted are reserved. The trademarks, service marks, designs, and logos (collectively, the ‘Trade marks’) displayed on the Website are the registered and unregistered trademarks of XCELIT or its licensors.

You agree that you will not refer to or attribute any information to XCELIT Australia or its licensors in any public medium (e.g., press release, websites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trade mark of, or imply any endorsement by or relationship with, XCELIT or its licensors.

You agree that other than in respect of your own content you may provide to XCELIT you will not:

make any representations that you have any such rights as set out above, that you do not have;

adapt, reproduce, store, distribute, sell, print, display, perform, publish or create derivative works from any works or other subject matter or any part of our Website, including the Trademarks; or

commercialise any works or other subject matter, information, products or services obtained from any part of this Website, without the written permission of XCELIT or its licensors.


2.  Use of content

XCELIT hereby grants you a non-exclusive, non-transferable license for the term hereof to access and download, display, and print one copy of the content and functionality displayed on the Website on any single computer solely for your internal, business use, provided that you do not modify the Website content in any way and that you retain all copyright and other proprietary notices displayed on the Website content.

As a condition of using the Website, you represent and warrant to XCELIT that you will not:

use this Website in a way, or for any purpose, that is unlawful or prohibited by these Terms and Conditions;

use or attempt to use the Website in any manner which could damage, disable, overburden or impair the Website or interfere with any other party’s use or enjoyment of the Website;

obtain any materials or information through any means not intentionally made available or provided through the Website;

link to the Website in a way that damages or takes advantage of our reputation, including but limited to that which suggests or implied any association, affiliation or endorsement with us that you do not have.

Apart from fair dealing as permitted under the copyright law of your country, and as necessary for the operation of the Website, no part of this Website nor the information contained in it may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, reprographic or otherwise, without the prior permission of XCELIT.

You acknowledge and agree that:

a)  the Website and any other portals will not be available at all times or without disruption;
b)  your access to the Website and any other portals may occasionally be limited due to scheduled or unscheduled maintenance;
c)  access to the Website and any other portals relies on various factors outside our control; and,
d)  we may choose to suspend access to any number of persons for any reason whatsoever.


3.  User Postings

You acknowledge and agree that XCELIT shall own and have the unrestricted right to use, publish, and XCELIT, any of its licensors may otherwise exploit any and all information that you post or otherwise publish on this Website in postings, survey responses, and otherwise, and you hereby waive any claims against XCELIT and any of its licensors for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with XCELIT use and publication of such submissions.

You covenant that you shall not post or otherwise publish on any part of this Website (including any portal or hidden page) any materials that: (a) are threatening, defamatory, offensive, discriminatory or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of XCELIT or any third parties; (d) contain harmful code such as a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements.

XCELIT does not and cannot review all information posted to the Website by users and is not responsible for such information. However, XCELIT reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.


4.  Disclaimer

The information contained in this Website is for general guidance on matters of interest only and does not constitute professional advice. The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained in this application. Accordingly, the information in this application is provided with the understanding that the authors and publishers are not herein engaged in rendering professional advice and services. As such, it should not be used as a substitute for consultation with professional advisers. Before making any decision or taking any action, you should consult a XCELIT professional.

While we have made every attempt to ensure that the information contained in this Website has been obtained from reliable sources, to the extent permitted by law. XCELIT Australia and any of its licensors are not responsible for any errors, omissions, misrepresentations or misstatements or for the results obtained from the use of this information. All information in this application is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.

In no event will XCELIT and any of its licensors, its related partnerships or corporations, or the partners, agents or employees thereof be liable to you or anyone else for any decision made or action taken or not taken in reliance on the information on this Website or for any consequential, special or similar damages or injury of whatsoever kind suffered or incurred by anyone arising out of access to or the use, reliance or misuse of or inability to use this Website or its contents or any failure by us to provide access to any websites or information updates, even if advised of the possibility of such damages.


5.  Third-party websites

We may provide links to third-party websites, and some of the content appearing to be on this Website may in fact be supplied by third parties.

XCELIT and any of its licensors do not endorse and have no responsibility for these third-party websites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers.


6.  Security

While XCELIT takes reasonable steps to protect the security of our website and communications with it, no data transmission over the Internet can be guaranteed to be totally secure.

We cannot guarantee that this Website or any third-party website will be free from viruses or other harmful code, or that your access to the Website or any third-party website will be uninterrupted.

As such, XCELIT makes no warranty (whether express or implied) regarding the efficacy of the Website’s security, and cannot ensure the security of any information you transmit to or receive from us. Your use of the Website and transmission of any information to or from XCELIT is at your own risk.


7.  Liability and Indemnity

You acknowledge and agree that we are not liable to you or any other person for any claim to any extent for loss or damage (including any type of consequential, incidental, special, exemplary or indirect damage or for any loss of profits, revenue or opportunity) caused by or arising out of:

use or performance of the Website;

delay or inability to use the Website or related services, the provision of or failure to provide services;

errors, mistake or inaccuracies on the Website;

you acting or failing to act on any information contained on or referred to in the Website, or any third party site;

any fraud;

any unauthorised access to or use of XCELIT Australia’s servers;

any interruption or cessation or transmission to or from the Website;

any bugs, viruses, Trojan horses, or other harmful code or communications which may be transmitted to or through the Website to any third party;

the quality or fitness for any purpose of any third-party websites;

any information, goods, service and related graphics obtained through the Website,

and you acknowledge that the existence or occurrence of any of the above items will not be a breach of this agreement.

To the extent the Law applies, XCELIT Australia acknowledges the application Law in regard to the provision of services to its users and will comply with any condition imposed upon it under any act that is non-excludable.

Subject to the immediately preceding paragraph, the following mandatory warranties against defects apply:

Despite anything else in these Terms, to the extent that we are liable (whether in contract, tort or statute or under a right of indemnity) in respect of the Website our cumulative liability is capped in the aggregate at (in our sole discretion) re-supplying the services to which the liability relates or the supply of equivalent services.

You agree to indemnify XCELIT Australia and any of its licensors and their officers, employees and agents from and against any loss, claim, liability, cost or expense incurred (including reasonable legal fees) by us in respect of a third party claim arising from or in any way related to your use (or misuse) of the Website, your breach of these Terms, any applicable laws or any other terms and conditions which govern your use of this Website.

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