Terms of Use

As a user of the eXcellerate website (' https://excellerate.co’), you are bound by the following terms and conditions. Accordingly, you should review them in relation to all or part(s) of the website.

Licence

By allowing you to access the website, eXcellerate grants to you a licence. By accessing the website, you accept the terms and conditions of this licence.

Pursuant to this licence and subject to the absolute right of eXcellerate to vary access to all or any part(s) of the website, you acquire a non-exclusive right to:

View the material in the website.
Access material contained in the website
Use the website strictly in accordance with the provisions of this licence.

If you wish to download and use any material contained in the website for a temporary purpose (such as viewing offline), you may do so.

However, downloading material contained in the website for reproduction by you may only be done upon receipt of prior written consent from eXcellerate and upon payment of any fee required by eXcellerate to be paid by you for that use.

Your obligations

You hereby undertake the following obligations:

- To not copy or translate for commercial use, reproduce, adapt, vary or modify any material in the website without the express consent of eXcellerate, except as expressly authorised by this licence.

- To ensure your employees, subcontractors and other agents (if any) who have authorised access to the website are made aware of the terms and conditions of this licence.

- To not provide or otherwise make available any material in the website in any form to any person other than employees, subcontractors and other agents (if any) without the written consent of eXcellerate.

- To not use the material in the website for, or in connection with, a service bureau operation.

Warranties

eXcellerate does not warrant that the material in the website is accurate, complete or up to date. The existence of inaccurate, incomplete or superceded material in the website will not cause eXcellerate to be in breach of the terms of this licence.

eXcellerate reserves the right to change, add or remove any material in or from the website without notice.

eXcellerate does not warrant that the functions contained in the website or third-party websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in the website and other third-party websites are free of viruses or other harmful components.

To the extent permitted by law, all implied terms are excluded and eXcellerate will not be liable for any direct, special, indirect or consequential damages, losses, expenses or costs arising out of a breach of this licence, the supply of a defective program, or any error, omission or misrepresentation in any material on this website. If any statute implies terms into this licence, which cannot be lawfully excluded, such terms will apply to this licence, save that the liability of eXcellerate for breach of any such implied term will be limited, at the option of eXcellerate, to any one or more of the following:

- The replacement of goods or services to which the breach relates or the supply of equivalent goods or services.

- The repair of such goods or services.

- The payment of the cost of replacing the goods or services or of acquiring equivalent goods or services.

- The payment of the cost of having the goods repaired or the services performed again.

When deciding to visit the website, you acknowledge that you have exercised your independent judgment and have not relied on any representation made by eXcellerate which has not been stated expressly in this licence or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by eXcellerate (which material may be out of date or superceded).

Intellectual Property rights

You must not, during or at any time after the expiry or termination of this licence, permit any act which infringes any of those rights and, without limiting the generality of the foregoing, you specifically acknowledge that you may not copy the material in the website, except as otherwise expressly authorised by this licence.

Trade marks

‘eXcellerate’ and all associated trade marks, whether registered or unregistered, are trade marks of eXcellerate Holdings and their related bodies corporate.

Access to or use of the website does not constitute or create a licence except as expressly provided in these Terms and Conditions or any other right to use eXcellerate’s name, trade marks, copyright or any other intellectual property.

Subscription services

Subscribers to services of the website may store in digital format in computer terminals, databases or other repositories material which is supplied in the normal course of a subscription.

Password access is restricted to a single subscriber. Passwords and user names must not be distributed to any other person, body or corporation.

Subscribers must take due care to protect the copyright of materials from unauthorised use, copying, reproduction, lending, reselling, manipulation, disassembly, distribution or publication. In the event that a subscriber breaches this duty, or if it is found that a subscriber’s conduct violates applicable law, eXcellerate may immediately suspend or terminate a subscriber’s subscription without notice.

Indemnity

You must indemnify and keep eXcellerate indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which eXcellerate may incur to a third party or you as a result of your breach of the provisions of this licence.

This website may contain hyperlinks to other websites operated by third parties. You accept that eXcellerate has no control over, and is not responsible for, any material contained on any third-party websites. You may be required to comply with all requirements of any third party over the conditions of use of that third party’s website.

Users are prohibited from placing a link to the website without the prior written consent of eXcellerate and on terms satisfactory to eXcellerate.

Disclaimer

You accept that eXcellerate takes no responsibility for any error or omission relating to the material contained in the website.

You accept that eXcellerate makes no undertakings to provide access to the website at any particular time, or for any particular length of time. You agree that eXcellerate will not be held liable for any lapse in the website’s accessibility, or any consequences whatsoever that flow from the unavailability of the website.

Terms of licence

This licence commences upon your accessing the website and is granted in perpetuity. However, the licence may be terminated without notice by eXcellerate if you are in breach of any terms of this licence.

Upon termination, you or your representative must destroy any copies, electronic and printed, of material obtained from the website that you have in your possession or under your control or otherwise return or dispose of such material in the manner directed by eXcellerate.

Termination pursuant to this clause shall not affect any rights or remedies, which eXcellerate may otherwise have under this licence or at law.

Amendments to this licence

These are the current terms and conditions of the licence.

eXcellerate may at any time vary and amend the terms and conditions of this licence by publishing the varied Terms and Conditions of Use on the website. You accept that by doing this, eXcellerate has provided you with sufficient notice of the variation and amendment.

It is your responsibility to familiarise yourself with the current terms and conditions each time you visit the website.

Waiver

Failure or neglect by eXcellerate to enforce at any time any of the provisions of this licence shall not be construed or deemed to be a waiver of the rights of eXcellerate under this licence.

Jurisdiction

This licence shall be governed by and construed according to the laws of Western Australia.

Definitions

‘eXcellerate’ means eXcellerate Holdings, all of its related bodies corporate, eXcellerate Pty. Ltd. and all of its related bodies corporate. A related body corporate means a related body corporate as defined in the Corporations Law of Australia.

‘Hyperlink’ means any mechanism of providing a link from one location on the Internet (or a web page) to another location on the Internet (or a different web page, or a different location on the same web page), and includes any mechanism for linking to, or providing access to, files via the Internet.

‘Intellectual Property’ means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention of 1967, in any inventions, designs, trade marks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the eXcellerate websites.