Terms & Conditions
OVERVIEW
By visiting our site and/ or purchasing something from us, you engage in
our “Service” and agree to be bound by the following terms and
conditions (“Terms of Service”, “Terms”), including those additional
terms and conditions and policies referenced herein and/or available by
hyperlink. These Terms of Service apply to all users of the site,
including without limitation users who are browsers, vendors, customers,
merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using
our website. By accessing or using any part of the site, you agree to be
bound by these Terms of Service. If you do not agree to all the terms
and conditions of this agreement, then you may not access the website or
use any services. If these Terms of Service are considered an offer,
acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall
also be subject to the Terms of Service. You can review the most current
version of the Terms of Service at any time on this page. We reserve the
right to update, change or replace any part of these Terms of Service by
posting updates and/or changes to our website. It is your responsibility
to check this page periodically for changes. Your continued use of or
access to the website following the posting of any changes constitutes
acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at
least the age of majority in your state or province of residence, or
that you are the age of majority in your state or province of residence
and you have given us your consent to allow any of your minor dependents
to use this site.
You may not use our products for any illegal or unauthorized purpose nor
may you, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive
nature.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any
time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the Service, use of the Service, or access to the Service or
any contact on the website through which the service is provided,
without express written permission by us.
The headings used in this agreement are included for convenience only
and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not
accurate, complete or current. The material on this site is provided for
general information only and should not be relied upon or used as the
sole basis for making decisions without consulting primary, more
accurate, more complete or more timely sources of information. Any
reliance on the material on this site is at your own risk.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service
(or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any
modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through
the website. These products or services may have limited quantities and
are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the
colors and images of our products that appear at the store. We cannot
guarantee that your computer monitor's display of any color will be
accurate.
We reserve the right, but are not obligated, to limit the sales of our
products or Services to any person, geographic region or jurisdiction.
We may exercise this right on a case-by-case basis. We reserve the right
to limit the quantities of any products or services that we offer. All
descriptions of products or product pricing are subject to change at
anytime without notice, at the sole discretion of us. We reserve the
right to discontinue any product at any time. Any offer for any product
or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services,
information, or other material purchased or obtained by you will meet
your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in
our sole discretion, limit or cancel quantities purchased per person or
per order. These restrictions may include orders placed by or under the
same customer account, the same credit card, and/or orders that use the
same billing and/or shipping address. In the event that we make a change
to or cancel an order, we may attempt to notify you by contacting the
e-mail and/or billing address/phone number provided at the time the
order was made. We reserve the right to limit or prohibit orders that,
in our sole judgment, appear to be placed by dealers, resellers or
distributors.
You agree to provide current, complete and accurate purchase and account
information for all purchases made at our store. You agree to promptly
update your account and other information, including your email address
and credit card numbers and expiration dates, so that we can complete
your transactions and contact you as needed.
For more detail, please review our Returns Policy.
We may also, in the future, offer new services and/or features through
the website (including, the release of new tools and resources). Such
new features and/or services shall also be subject to these Terms of
Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may
include materials from third-parties.
Third-party links on this site may direct you to third-party websites
that are not affiliated with us. We are not responsible for examining or
evaluating the content or accuracy and we do not warrant and will not
have any liability or responsibility for any third-party materials or
websites, or for any other materials, products, or services of
third-parties.
We are not liable for any harm or damages related to the purchase or use
of goods, services, resources, content, or any other transactions made
in connection with any third-party websites. Please review carefully the
third-party's policies and practices and make sure you understand them
before you engage in any transaction. Complaints, claims, concerns, or
questions regarding third-party products should be directed to the
third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example
contest entries) or without a request from us you send creative ideas,
suggestions, proposals, plans, or other materials, whether online, by
email, by postal mail, or otherwise (collectively, 'comments'), you
agree that we may, at any time, without restriction, edit, copy,
publish, distribute, translate and otherwise use in any medium any
comments that you forward to us. We are and shall be under no obligation
(1) to maintain any comments in confidence; (2) to pay compensation for
any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that
we determine in our sole discretion are unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party’s intellectual property or these
Terms of Service.
You agree that your comments will not violate any right of any
third-party, including copyright, trademark, privacy, personality or
other personal or proprietary right. You further agree that your
comments will not contain libelous or otherwise unlawful, abusive or
obscene material, or contain any computer virus or other malware that
could in any way affect the operation of the Service or any related
website. You may not use a false e-mail address, pretend to be someone
other than yourself, or otherwise mislead us or third-parties as to the
origin of any comments. You are solely responsible for any comments you
make and their accuracy. We take no responsibility and assume no
liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by
our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that
contains typographical errors, inaccuracies or omissions that may relate
to product descriptions, pricing, promotions, offers, product shipping
charges, transit times and availability. We reserve the right to correct
any errors, inaccuracies or omissions, and to change or update
information or cancel orders if any information in the Service or on any
related website is inaccurate at any time without prior notice
(including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in
the Service or on any related website, including without limitation,
pricing information, except as required by law. No specified update or
refresh date applied in the Service or on any related website, should be
taken to indicate that all information in the Service or on any related
website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service,
you are prohibited from using the site or its content: (a) for any
unlawful purpose; (b) to solicit others to perform or participate in any
unlawful acts; (c) to violate any international, federal, provincial or
state regulations, rules, laws, or local ordinances; (d) to infringe
upon or violate our intellectual property rights or the intellectual
property rights of others; (e) to harass, abuse, insult, harm, defame,
slander, disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information; (g) to upload
or transmit viruses or any other type of malicious code that will or may
be used in any way that will affect the functionality or operation of
the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others; (i) to spam,
phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or
immoral purpose; or (k) to interfere with or circumvent the security
features of the Service or any related website, other websites, or the
Internet. We reserve the right to terminate your use of the Service or
any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service
will be uninterrupted, timely, secure or error-free.
In no case shall we, our directors, officers, employees, affiliates,
agents, contractors, interns, suppliers, service providers or licensors
be liable for any injury, loss, claim, or any direct, indirect,
incidental, punitive, special, or consequential damages of any kind,
including, without limitation lost profits, lost revenue, lost savings,
loss of data, replacement costs, or any similar damages, whether based
in contract, tort (including negligence), strict liability or otherwise,
arising from your use of any of the service or any products procured
using the service, or for any other claim related in any way to your use
of the service or any product, including, but not limited to, any errors
or omissions in any content, or any loss or damage of any kind incurred
as a result of the use of the service or any content (or product)
posted, transmitted, or otherwise made available via the service, even
if advised of their possibility. Because some states or jurisdictions do
not allow the exclusion or the limitation of liability for consequential
or incidental damages, in such states or jurisdictions, our liability
shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless XLnCONTROL Pty Ltd,
subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers,
interns and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third-party due to or arising
out of your breach of these Terms of Service or the documents they
incorporate by reference, or your violation of any law or the rights of
a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined
to be unlawful, void or unenforceable, such provision shall nonetheless
be enforceable to the fullest extent permitted by applicable law, and
the unenforceable portion shall be deemed to be severed from these Terms
of Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for all
purposes.
These Terms of Service are effective unless and until terminated by
either you or us. You may terminate these Terms of Service at any time
by notifying us that you no longer wish to use our Services, or when you
cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to
comply with any term or provision of these Terms of Service, we also may
terminate this agreement at any time without notice and you will remain
liable for all amounts due up to and including the date of termination;
and/or accordingly may deny you access to our Services (or any part
thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these
Terms of Service shall not constitute a waiver of such right or
provision.
These Terms of Service and any policies or operating rules posted by us
on this site or in respect to The Service constitutes the entire
agreement and understanding between you and us and govern your use of
the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you and
us (including, but not limited to, any prior versions of the Terms of
Service).
Any ambiguities in the interpretation of these Terms of Service shall
not be construed against the drafting party.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any
time at this page.
We reserve the right, at our sole discretion, to update, change or
replace any part of these Terms of Service by posting updates and
changes to our website. It is your responsibility to check our website
periodically for changes. Your continued use of or access to our website
or the Service following the posting of any changes to these Terms of
Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to sales@xlncontrol.com.