Terms and Conditions
Modification. Xpelair reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any Xpelair Website or any part thereof, with or without notice to you. Xpelair shall not be liable to you or to any third party for any modification, suspension or discontinuance of such service. Xpelair may establish general practices and limits concerning use of the Xpelair Websites.
Materials on the Xpelair Websites. All materials and information contained on the Xpelair Websites including, without limitation, any product images or descriptions. Product specifications, descriptions, images and/or other information shown on the Xpelair Websites are for information purposes only, are subject to change at any time without obligation, may vary from region to region, and may not be completely up to date or accurate. If you access the Xpelair Websites from a jurisdiction other than Australia or New Zealand, you agree that you do so on your own initiative, and are responsible for compliance with local laws.
Xpelair Intellectual Property. All text, images, illustrations, designs, software (including source and object codes), data, information, visual, oral or other digital material, and all other content of any description available on the Xpelair Websites or included in product or any services We offer (collectively, the “ Content”), and all worldwide copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, database rights and all other rights in or relating to the Content are owned either by Us or third parties who have given Us permission to use it.
All Content published on or otherwise accessible through the Xpelair Websites is protected by copyright. The Content, and the copyright in the Content, are owned or controlled by Xpelair or Xpelair's content suppliers. You may only use or reproduce the Content for your own personal and non-commercial use. The Content may not be otherwise used, reproduced, broadcast, published or retransmitted without the prior written permission of the copyright holder. You must abide by all copyright notices, information and restrictions contained in any Content on, or accessed through, the Xpelair Websites and maintain such notices in the Content.
The Xpelair name, and all trademarks displayed on the Xpelair Websites are owned or used under license by Xpelair. These trademarks include, but are not limited to, product brand names, logos, slogans and designs. The unauthorized use of any trademark displayed on the Xpelair Websites is strictly prohibited.
Interactive Services. We may provide an opportunity for users to exchange information, comments, ideas and opinions on the Xpelair Websites. Information, ideas and opinions posted by users do not necessarily reflect the views of Xpelair. We do not assume responsibility or accept liability for the accuracy of any information, ideas and opinions posted by users. We are not liable for any claims, damages or losses resulting from any information, ideas and opinions posted by users.
By posting, uploading or submitting any information, material or content to the Xpelair Websites, you automatically grant (or automatically warrant that the owner of the rights to such material, information or content has expressly granted) to Xpelair a perpetual, royalty-free, irrevocable, non-exclusive right and license throughout the world to use, reproduce, modify, adapt, create derivative works from, publish, translate, license, transmit, distribute and otherwise exploit any or all portions of such information, material or content in any manner and media and by means of any technology now known or hereafter developed. In addition, you hereby irrevocably waive all moral rights in any such information, material or content posted, uploaded or submitted by you.
If you post any materials on the Xpelair Websites, you will not: (i) harass, defame, intimidate or threaten another user; (ii) interfere with another user's rights to privacy; (iii) distribute chain letters, surveys or contests; (iv) post any material that is defamatory (i.e., disparaging to the reputation of an individual or business); (iv) post any material that is obscene or indecent; (v) post any trademarks, logos or copyrighted material without the authorization of the owner; (vi) post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse); or (vii) advertise or sell any goods or services.
We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify Us, and you agree to cooperate with our defense of these claims.
User Responsibility. You assume all responsibility for your use of the Xpelair Websites. To the maximum extent permitted by law, You waive all claims against Xpelair, its officers, directors, employees, suppliers and licensors that may arise from your access, use or inability to use any of the Xpelair Websites.
Disclaimer. YOUR USE OF THE XPELAIR WEBSITES IS AT YOUR SOLE RISK. THE XPELAIR WEBSITES ARE PROVIDED "AS IS". XPELAIR DOES NOT WARRANT THE ACCURACY, ADEQUACY, TIMELINESS, OR COMPLETENESS OF THE XPELAIR WEBSITES OR ANY PART THEREOF, AND DISCLAIMS LIABILITY FOR ANY ERRORS OR OMISSIONS. NO WARRANTY OR CONDITION OF ANY KIND (IMPLIED, EXPRESS, OR STATUTORY) IS GIVEN IN CONNECTION WITH THE XPELAIR WEBSITES.
XPELAIR DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, THE FAILURE TO STORE, THE MISDELIVERY, OR THE UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. WE DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL ON THE INTERNET USING THE XPELAIR WEBSITES.
LIMITATION OF LIABILITY. XPELAIR WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) ARISING FROM THE USE OR INABILITY TO USE ANY OF THE XPELAIR WEBSITES OR ANY CONTENT INFORMATION, OR AN ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, SYSTEM FAILURE, LOSS OF DATA OR OTHERWISE, EVEN IF XPELAIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OF EXPENSES.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, thus the above limitations may not apply to you.
Third Party Websites. Please note that certain links on the Xpelair Websites may take you to other websites. Links to other websites or other resources which are not created or controlled by Xpelair (" Linked Sites") are intended for convenience only. Linked Sites are wholly independent from Xpelair, therefore Xpelair has no control over any products, services, materials, or other information contained in or available through these third party websites. Therefore, access to any third party websites through the Xpelair Websites, regardless of whether the third party website is a Linked Site or not, is entirely at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive devices, programs. Xpelair makes no representation or warranty regarding, nor endorses, any Linked Sites or the information appearing thereon or any of the products or services described thereon.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, graphics and product images. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.