PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

This website is owned and operated by Exceler8 Pty Ltd ACN 97 140 320 001 trading as Exceler8 (“Exceler8”). By accessing or using this website, you agree to be bound by these Terms and Conditions of Use, together with our Privacy Policy and Disclaimer, which govern your relationship with Exceler8 in connection with your use of exceler8.com.au.

By using this website, you signify your acceptance of these Terms and Conditions of use. For the purposes of these Terms and Conditions, “Us”, “Our” and “We” refers to Exceler8and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

If you do not agree to these Terms and Conditions, you must immediately discontinue use of this website.  Continued use of or engagement with our website will constitute acceptance of these Terms and Conditions.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will use reasonable efforts to highlight any significant or substantive changes to you where possible. If you choose to use our website, then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Our rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that We are not legally responsible for any loss or damage you might suffer related to your use of our website, whether from errors or from omissions in our documents or information, any goods or services we may offer, or from any other use of our website. This includes your use or reliance on any third-party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on our 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 our website meet your specific, personal requirements. 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. Nothing in these terms excludes or limits any customer guarantees or rights that cannot be excluded under the Australian Consumer Law.

INTELLECTUAL PROPERTY

Exceler8 owns this Website and all of the contents of and intellectual property relating to the Website which includes all intellectual property rights in the text, information, graphics, logos, business/trading names, design, layout, downloads, pricing, software, products and services provided at exceler8.com.au.

Nothing in these Terms and Conditions or your use of the Website has the effect of transferring, assigning, licensing or otherwise transmitting any of Our intellectual property to you.

You may not, without the prior written permission of Us (and the consent of any other third-party owner) broadcast, republish, up- load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way Our intellectual property or third-party content for any purpose.

You agree to indemnify Us and keep Us indemnified against any claim, loss, damage, costs and/or expenses that Exceler8 Pty Ltd may suffer or incur in relation to or arising out of any breach by you of Our intellectual property rights.

COMPETITION AND CONSUMER ACT

For the purposes of the Australian Consumer Law, nothing in these terms excludes, restricts or modifies any consumer guarantees or rights that cannot be excluded under the Competition and Consumer Act 2010 (Cth). To the extent permitted by law, Our liability for any failure to comply with a consumer guarantee is limited to the resupply of the goods or services,  the replacement of the goods, or the payment of the cost of having the goods or services supplied again.

You must be over 18 years of age to use Our website and to purchase any goods or services.

DELIVERY OF GOODS

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders must be resolved with Australia Post or the courier company directly. We are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made in Our sole discretion.Digital goods are delivered promptly. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of Our goods, please contact us during our business hours so we may try to assist you where reasonably possible.

RETURNS AND REFUNDS

We handle returns and processes refunds in accordance with Australian Consumer Law.

Should you wish to return your order, please notify us within  14 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund following timely receipt of the goods purchased. Refunds will be processed promptly and using the same method that you made payment. All refunds are made at Our discretion, subject to your rights under the Australian Consumer Law.

LINKS TO OTHER WEBSITES

We may from time to time provide, on Our website, links to other websites, advertisements and information on those websites for your convenience. This does not imply sponsorship, endorsement, or approval or arrangement between Us and the owners of those websites. We take no responsibility for any of the content found on the linked websites.

Our website may contain information or advertisements provided by third parties for which We accept no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a recommendation only, and are not providing any advice, nor do we take any responsibility for any action you take in reliance on advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, We absolutely disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. We do not warrant that the documents, goods or services will be free of errors, or that defects will be corrected, or that Our website or its server is free of viruses or any other harmful components.

Whilst We use reasonable efforts to ensure the information on our website is accurate, reliable and up-to-date, We make no representations or warranties regarding the use, or the results of the use, of any document, product, service, link or information on our website, or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of Us, to bear any and all costs of servicing, repairs, or correction. The applicable law in your State or Territory may not permit these exclusions, particularly the exclusion of some implied warranties, and some of the above may not apply to you. You must ensure you are aware of any risks associated with using our website, or any products or services offered through it, and it is your responsibility to do so.

SEVERABILITY

If any of these Terms and Conditions of Use are held to be invalid or unenforceable, then the validity and enforceability of the remaining Website Terms and Conditions of Use will not be impacted.

YOUR PRIVACY

We are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. We respect the privacy and confidentiality of the information provided by you, and are guided by the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. Our secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorised use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

We do not and will not sell or deal in personal or customer information. We may, however, use your information in aggregated or de-identified form, without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services, but not for any other use.

DISCLOSURE OF INFORMATION

We may be required, in certain circumstances, to disclose information in good faith and where We are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Us. In those circumstances, We expressly excludes and do not permit you to use or access Our website, to download any documents or information from Our website, or obtain any such documents or information through a third party. If you breach this term, then We will hold you fully responsible for any loss that We may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. We reserve the right to exclude and deny any person access to Our website, services or information at Our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

Our website contains material which is owned by or licensed to Us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on Our website for the purposes of sale or the use by any third party. In particular, you are not permitted to republish, upload, transmit electronically or otherwise, or distribute any of the materials, documents or products that may be available for download from time to time on Our website.

We expressly reserve all copyright and trademark in all documents, information and materials on Our website, and We reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only, and you may copy the content to individual third parties for their personal use, but only if you acknowledge Our website as the source of the material.

You may not, except with Our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and Us concerning your use and access to Our website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms, except those implied by statute and which cannot be expressly excluded, are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would, by any applicable statute, be illegal, void, or unenforceable, in any State or Territory, then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these Terms and Conditions in that State or Territory. Such a clause, if legal and enforceable in any other State or Territory, shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these Terms and Conditions.

CONSULTING SERVICES

By engaging Our services, you agree that We are reliant on the information supplied by you in order to provide the services and We cannot be held responsible for any results of our services provided based on such client information. You are liable and fully responsible for any decisions you make based on our services or recommendations, and any consequences which may result.

Any and all information on our website is educational and for information purposes only, intended to assist you. It is not to be construed as business advice and should not substitute professional advice based on your own business or personal circumstances.

JURISDICTION

This agreement and our website are subject to the laws of Queensland and Australia. If there is a dispute between you and Us that results in litigation, then you must submit to the jurisdiction of the Courts of Queensland.

CONTACT US

If you have any questions or concerns at any time about our Terms and Conditions of Use, please contact us using the details below and we will endeavour to respond within two (2) business days.

Post: PO Box 1051, Mount Ommaney QLD 4074

Email: team@exceler8.com.au

Phone: 0408 757 663