- The website https://www.xtend.com.au (Site) and the Online Platforms are platforms where you can access information on the Products and Services provided by CWG XB Pty Ltd (ACN 621 963 504) (XTEND, us or we) either directly or through authorised Licensees.
- Please read these terms and conditions before accessing or using the Online Platform.
- Your access to and use of the Online Platform, is subject to these terms and conditions.
- These terms and conditions govern your dealings with XTEND only and for the avoidance of doubt exclude dealings with XTEND Licensees. Where you access any websites or online platforms of, acquire services directly from, or otherwise deal with, our authorised Licensees, you will be subject to the Licensees terms and conditions. XTEND disclaims any liability or obligations in respect of your dealings with Licensees.
- The information contained in the Online Platform is provided in good faith on an “as is” basis. We do not represent or warrant to the reliability, accuracy or completeness of the information contained on the Online Platform.
- To the extent permitted by law, we are not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information on the Online Platform.
You covenant and warrant that:
- all information and data provided by you to us through the Online Platform (including as part of the licensee application process) or otherwise is true, accurate, complete and up to date;
- you have and will comply with all relevant laws relating to your use of the Online Platform and your receipt of any Products or Services from us;
- you will promptly advise us of any changes to your information provided to us as part of the licensee application process;
- you are responsible for any costs associated with your access to or use of the Online Platform, including internet access fees;
- you will check the labels on the Products before consumption or use (if applicable).
You must not
- use the Online Platform for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
- use the Online Platform in a manner or way, or post to or transmit to or via the Online Platform any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Online Platform;
- make fraudulent or speculative enquiries, purchases or requests through the Online Platform;
- use another person’s details without their permission or impersonate another person when using the Online Platform;
- post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
- tamper with or hinder the operation of the Online Platform;
- knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Online Platform;
- use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Online Platform;
- modify, adapt, translate or reverse engineer any portion of the Online Platform;
- remove any copyright, trade mark or other proprietary rights notices contained in or on the Online Platform;
- reformat or frame any portion of the web pages that are part of the Online Platform;
- create accounts by automated means or under false or fraudulent pretences;
- use the Online Platform to violate the security of any computer or other network or engage in illegal conduct;
- take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
- use the Online Platform other than in accordance with these terms and conditions; or
- attempt any of the above acts or engage or permit another person to do any of the above acts.
You agree not to use the Services or Online Platforms to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials that:
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
- provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information from other members;
- involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
- includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
- denigrates, ridicules, or demeans another person; or
- contains a virus or other harmful component.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Online Platform in a manner that sends more request messages to the Online Platform’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
Compliance with these Terms and Conditions
You agree to bound by, and comply with, these terms and conditions by:
- using the Site or Online Platform;
- completing any application as a licensee through the Site; and/or
- accessing or ordering Products and/or Services from us using the Site, Online Platform or by any other method of sale.
Changes to these Terms and Conditions
- If you acquire a Product or Service, the terms and conditions that will apply to that Product or Service are the terms and conditions that applied at the time you acquired the Product or Service.
- Subject to clause 7.1, we may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site or Online Platforms after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions.
- acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the Material) are owned by or licensed to us;
- must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
- must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
- store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and
- print hard copies of the content and Materials for the sole purpose of using the Services but not for any other use, including commercial use.
This Site, the Products, the Services and any ancillary materials or documents owned or used by us in connection with the Services and promotion of the XTEND business contains registered trademarks which are protected by law and other branding, images, content which constitute the intellectual property of XTEND. You must not use any of the marks or trademarks appearing on the Online Platform or our name or the names of our related bodies corporate or any of our intellectual property without our prior written consent.
Our Liability To You
Except where clause 9.1 applies:
- we exclude all statutory liability, tortious liability (including but not limited to liability in negligence), conditions and warranties implied by custom, the general or common law or statute, liability for all direct, economic, consequential or indirect losses, expenses, damages and costs incurred by you, arising out of or relating to the Services, the Products and/or this Agreement, and in particular, we are not liable for death or injury caused by our negligence or breach of any implied terms that Services will be provided with reasonable care and skill at common law;
- Our liability to you for any breach of any implied provision of this Agreement is limited, at our option, to refunding the price of the Services in respect of which the breach occurred, or to providing or replacing those Services again.
- We do not claim that any information (including any files) obtained from or through the Online Platform is free from viruses or other faults or defects.
- You are responsible for scanning any information for viruses.
- You agree that we have no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information. If we are found to be liable this will be limited to the cost of supplying the information again.
- If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
- This agreement is governed by the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
- You agree that we have not made any representations that you have relied on that are not in this Agreement. This Agreement constitutes the entire agreement between us and you.
Capitalised terms used are defined in these terms and conditions.
In these terms:
- “ACL” means the Australia Consumer Law as contained in the Competition and Consumer Act 2010 (Cth);
- “Agreement” means these terms and conditions;
- “Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user;
- “Liabilities” means all direct and/or indirect liability for: costs; damages; losses; claims, causes of action, accidents; injuries; deaths; law and traffic violations; and expenses including but not limited to legal fees.
- “Licensees” means any person or entity authorized to use XTEND’s intellectual property in the operation of their health and/or fitness business.
- “Online Platform” means any of Xtend Barre’s websites, including the Site, social media accounts, applications or other technological platforms;
- “Products” means products that are sold through our Online Platform;
- “Services” means the provision any services to you by us, including as a licensee of us or otherwise;