Terms and conditions
These terms and conditions (“Terms“) apply to your access and use of the website operated by Xendle Holdings Limited (“Xendle“, “our” or “we“) located at www.xendle.com (the “Site“). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Xendle for any products or services provided by Xendle. If you are using the Site on behalf of any entity, you represent and warrant that you are authorised to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify Xendle for violations of these Terms. If you do not agree to these Terms, you should not use the Site.
Xendle is registered in the British Virgin Islands under company number 1944223. Our registered address is Craigmuir Chambers, PO Box 71, Road Town, Tortola VG1110, British Virgin Islands.
Changes to these Terms and to our Site
We reserve the right to change or modify any of these Terms or any policy or guideline of the Site, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon the posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and applicable policies from time-to-time to understand these Terms and conditions that apply to your use of the Site. If you do not agree to the amended Terms, you must stop using the Site.
You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them. If you have any questions regarding the use of the Site, please email us at contact [at] xendle.com.
Privacy Policy and Cookies Policy
Please refer to our Privacy Policy www.xendle.com/privacy for information on how we collect, hold, use and disclose personally identifiable information from our users.
Please refer to our Cookie Policy www.xendle.com/cookies for information about the cookies on the Site. If you purchase services from the Site, our Terms of Service will apply. For a copy, email contact [at] xendle.com.
Accessing the Site
We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Site.
Your Account and Password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at contact [at] xendle.com.
Your Obligations
The Site includes property of Xendle. You agree that you will not do any of the following:
- Modify, adapt, hack or emulate the Site or the Site Materials (as defined below);
- Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Site; and
- Infringe upon or violate the rights of Xendle, its users or any third party.
Copyright and Limited License
Unless otherwise indicated on the Site, the Site and all content and other materials on the Site, including, but not limited to, our logo and all designs, text, graphics, pictures, information, data, software and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Xendle, our licensors or our users and are protected by the relevant copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site, and electronically copy (except where prohibited without a license), and print to hard copy, portions of the Site Materials (except Third Party Content) for your informational, non-commercial and personal use only. The license is subject to these Terms and does not include: (a) the collection and use of any product listings, pictures or descriptions; (b) any resale or commercial use of the Site or the Site Materials therein; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Site and the Site Materials (or any portion thereof); (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorised in these Terms, without our prior written permission, is strictly prohibited and will terminate the license granted in these Terms. Such unauthorised use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Trademarks
The Xendle logos and slogans contained in the Site are trademarks of Xendle and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Xendle or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilising “Xendle” or any other name, trademark or product or service name of Xendle without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Xendle and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Xendle names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Third Party Content
Xendle may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. Xendle does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content including, but not limited to, its accuracy or completeness. You acknowledge and agree that Xendle is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content.
Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Xendle or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, that the content of such a link does not breach any intellectual property rights (including Xendle’s and/or a third party’s intellectual property rights) and provided further that the linking website does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Xendle logo or other proprietary graphic of Xendle to link to this Site without the express written permission of Xendle. Further, you may not use, frame or utilise framing techniques to enclose any Xendle trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Xendle’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Xendle or any third party.
Xendle makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites accessible by hyperlink from the Site, or websites linking to the Site. Such websites are not under the control of Xendle and Xendle is not responsible for the contents of any linked website or any link contained in a linked website, or any review, changes or updates to such websites. Xendle provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Xendle of any website or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site.
Advertisements and Promotions; Third Party Products and Services
Xendle may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Xendle is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Xendle advertisers or third party information on the Site.
Feedback & Submissions
You acknowledge and agree that any feedback, information or materials you submit to Xendle regarding Xendle or the Site, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, or creative materials, whether provided by you in the form of email or other submissions to Xendle, or any postings on the Site (collectively the “Submissions”), are non-confidential and will become the sole property of Xendle. Submissions will be collected, held, used and disclosed in accordance with our Privacy Policy www.xendle.com/privacy.
Xendle will own, and you hereby assign to Xendle, all rights in and to such Submissions, including all intellectual property rights, and Xendle will be entitled to the unrestricted use and dissemination of such Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. For information on ownership and rights in user content other than Submissions, please see below.
No Reliance on Information
The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.
Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up-to-date.
Viruses
We do not guarantee that the Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
Indemnification
You agree, at your sole expense, to defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to your alleged or actual violation of these Terms.
Disclaimer and Limitation of Liability
EXCEPT AS OTHERWISE EXPRESSLY STATED IN ANY OTHER BINDING AGREEMENT BETWEEN YOU AND XENDLE, THE SITE, THE SITE MATERIALS, THE THIRD PARTY CONTENT, THE HYPERLINKS AND ANY OTHER SERVICES AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN ANY OTHER BINDING AGREEMENT BETWEEN YOU AND XENDLE, IN NO EVENT WILL XENDLE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, THE SITE MATERIALS, THE THIRD PARTY CONTENT, THE HYPERLINKS AND ANY OTHER SERVICES AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE.
In relation to Australian users only, nothing in these Terms excludes, restricts or limits any term or guarantee that cannot be excluded, restricted or limited under Australian consumer laws. However, the liability of Xendle is limited to the maximum extent permitted by Australian law.
In relation to New Zealand users only, nothing in these Terms excludes, restricts or limits any term or guarantee that cannot be excluded, restricted or limited under New Zealand consumer laws. However, the liability of Xendle is limited to the maximum extent permitted by New Zealand law.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of the Service to you, which will be set out in our Terms of Service. For a copy email contact [at] xendle.com.
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
Applicable Law and Venue
If you are resident in the US, these Terms and your use of the Site will be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state and federal courts located in San Francisco County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
If you are resident in the United Kingdom (including Scotland), these Terms and your use of the Site, shall be governed by the laws of England and each party agrees that all disputes arising out of or in connection with these Terms, and/or with its negotiation, validity or enforceability, and/or the relationship between the parties, (in each case whether or not regarded as contractual claims) shall be exclusively governed by and determined in accordance with English law. Each party expressly submits to the exclusive jurisdiction of the English Courts (provided that if you are a consumer and resident in the United Kingdom you may bring a claim in the Courts of your country of residence).
If you are resident in Australia, these Terms and your use of the Site, shall be governed by the laws of New South Wales and each party agrees that all disputes arising out of or in connection with these Terms, and/or with its negotiation, validity or enforceability, and/or the relationship between the parties (in each case whether or not regarded as contractual claims) shall be exclusively governed by and determined in accordance with the laws of New South Wales. Each party expressly submits to the exclusive jurisdiction of the Courts of New South Wales and of appeal therefrom.
If you are resident in New Zealand, these Terms and your use of the Site, shall be governed by the laws of New Zealand and each party agrees that all disputes arising out of or in connection with these Terms, and/or with its negotiation, validity or enforceability, and/or the relationship between the parties (in each case whether or not regarded as contractual claims) shall be exclusively governed by and determined in accordance with the laws of New Zealand. Each party expressly submits to the exclusive jurisdiction of the Courts of New Zealand and of appeal therefrom.
Questions & Contact Information
Questions or comments about the Site may be directed to us at the email address contact [at] xendle.com.
Updated on December 1, 2017
