Terms of Service
These Terms of Service (“Terms”) are entered into by you and eXsight, a Sydney corporation (“eXsight” or “our” or “we” or “us”) and govern your access to and use of our online services, including our website eXsight.co, any of our microsites, mobile sites, e-mail notifications, short messaging system (SMS), and mobile applications (collectively, the “Services”) and any content, functionality, or material offered on or through Services, whether as a guest or a registered user.
Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
o Making all arrangements necessary for you to have access to the Website.
o Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Authorized Access and Use of Services
The Services, and information and materials (“Content”), features, and functionality available to you through the Services are owned by eXsight, our licensors, or other providers of such material, and are protected by copyright, trademark, and other intellectual property and proprietary rights and laws. Content may be downloaded, copied, and printed solely for your benefit in manners permitted by the Terms. Source Code may not be used, copied, distributed, decompiled, disassembled, reverse engineered, or modified without permission.
eXsight gives you a revocable, limited, non-sublicensable, non-assignable, non-exclusive license to access and use the Services, for the sole purpose of enabling you to use and enjoy the benefit of the Services in the manner permitted by the Terms.
If you print, copy, modify, download or otherwise use or provide another person with any access to any part of the Services in breach of the Terms, your right to use the Services will stop immediately and you must, at your option, return or destroy any and all copies of the materials you have made.
You agree not to use the Services in any manner that could interfere with, damage, impair, disable, or overburden the Services or any party’s use of the Services. You agree not to upload or distribute through the Services any material that contains a virus or any other computer code, file or program, or any other harmful component that is intended to disrupt, damage, or limit, the functioning of the Services or to obtain unauthorized access to any data or information of any third party.
We have the right and the sole discretion to remove any content posted, shared, or transmitted by you that, in our judgment, does not comply with the Terms or that is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
o Link from your own or certain third-party websites to certain content on this Website.
o Send e-mails or other communications with certain content, or links to certain content, on this Website.
o Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
o Establish a link from any website that is not owned by you.
o Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
o Link to any part of the Website other than the homepage.
o Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Use of Services to Perform or Participate in any Illegal Activity is Prohibited
You agree to access and use the Services in accordance with the Terms and only for lawful purposes. You may not use the Services in a way that violates any applicable federal, state, local or international laws or regulations.
You agree not to access or use the Services for spamming activities or to disseminate or transmit material that is unlawful, abusive, deceptive, fraudulent, invasive of another’s privacy, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, malicious or that otherwise violates our rules or policies, including these Terms. You agree not to access or use the Services to commit identity theft, to impersonate an individual or a company, or to otherwise attempt to mislead any person as to the identity or origin of any communication.
You agree not to access or use the Services to infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
You agree that we may at any time, and at our sole discretion, terminate your access to or use of the Services, or any feature within the Services, without prior notice to you.
Reliance on Information Posted and Links to Third Parties
The information presented on or through the Services is made available solely for general information purposes. eXsight does not warrant the accuracy, completeness, or usefulness of the information. Any reliance you may place on such information is strictly at your own risk. eXsight disclaims all liability and responsibility arising from any reliance that may be placed on such information.
The Services may contain content or links to content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content expressed directly by eXsight, are solely the opinions and the responsibility of the person or entity providing those materials or expressing the opinions and statements. These materials do not reflect the opinion of eXsight and eXsight does not endorse these materials, websites, or the products or services offered on them, and the links are provided as a convenience. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided or expressed by any third parties.
You agree to receive communications, including those generated by automatic telephone dialling systems and those sent via e-mail, regular mail, calls, push notifications to the cellular number you provided us, text messages, SMS, MMS, postings on the Service, or other means now known or hereinafter developed, sent by or on behalf of eXsight.
ALL MATERIALS AND SERVICES PROVIDED ON AND THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT 1) THE SERVICES WILL BE RELIABLE, SECURE, TIMELY, AVAILABLE, ERROR FREE, SUITABLE, ACCURATE, OR COMPLETE; 2) THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS; 3) THE QUALITY OF THE SERVICES OR INFORMATION DERIVED THEREOF WILL MEET YOUR EXPECTATIONS OR BE FREE FROM DEFECTS, MISTAKES, OR ERRORS.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ACKNOWLEDGE THAT TRANSMISSIONS OF DATA TO AND FROM THE SERVICES COULD BE READ OR INTERCEPTED BY OTHERS. WE CANNOT AND DO NOT GUARANTEE THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SERVICES WILL BE FREE FROM VIRUSES OR DESTRUCTIVE CODE. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
YOU UNDERSTAND AND AGREE THAT FROM TIME TO TIME THERE MAY BE AN OUTAGE IN THE SERVICES OR THE SERVICES MAY BE INACCESSIBLE OR INOPERABLE. THIS MAY HAPPEN FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, EQUIPMENT MALFUNCTIONS, INTERNET CONGESTION, PERIODIC MAINTENANCE PROCEDURES, REPAIRS, OR CAUSES BEYOND OUR CONTROL OR WHICH ARE NOT REASONABLY FORESEEN BY US.
EXSIGHT MAKES NO REPRESENTATIONS THAT THE MATERIALS OR CONTENT CONTAINED WITHIN THE SERVICES ARE APPROPRIATE FOR LOCATIONS OUTSIDE AUSTRALIA. IF YOU USE THE COMPANY SITE FROM LOCATIONS OUTSIDE AUSTRALIA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS OF THE JURISDICTION FROM WHICH YOU ACCESS IT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
EXSIGHT, ITS EMPLOYEES, DIRECTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, AND AFFILIATES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS OR USE OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY CONTENT OR FUNCTIONALITY ON THE SERVICES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless eXsight, its officers, directors, employees, consultants, attorneys, suppliers, agents, affiliates, licensors, service providers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your access to or use of the Services.
We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
Waiver and Severability
No waiver, by eXsight, of any term, condition, or provision set out in the Terms shall be deemed a further or continuing waiver of such term, condition, or provision, and any failure by us to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is adjudicated by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain full in force and effect.
Reservation of Rights
eXsight reserves the right to seek all remedies available at law and in equity for violations of these Terms.
eXsight may terminate these Terms or access to or use of the Services, temporarily or permanently, at any time, with or without notice, for any reason.
Governing Law, Jurisdiction and Venue
The Terms and any other agreement incorporated herein shall be governed by and construed with the laws of the State of New South Wales and the applicable laws of Australia, without regard to conflict of law principles thereof. You hereby consent and submit to the personal and exclusive jurisdiction of the courts of the State of New South Wales in any action or dispute related to the Terms and any other agreement incorporated thereby. Any legal suit, action or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of Australia or the courts of the State of New South, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At our sole discretion, we may require you to submit any disputes arising from the use of these Terms or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the rules of the Australian Centre for International Commercial Arbitration.
All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: email@example.com