XSOL: Terms & Conditions

General Terms & Conditions of Use of the XSOL Websites

The following terms and conditions apply to all users of the xsol.com Site and all associated XSOL sites (“the Site”) and to all services provided through the Site by XSOL Limited (“XSOL”, “we” or “us”). By using the Site you will be deemed to agree to these terms of use without qualification. If you do not agree to be bound by these terms, you should stop accessing and using the Site.

1. Liability
   

   Whilst reasonable care has been taken to ensure the facts stated in the Site are accurate and the opinions given are fair and reasonable, neither we nor any of our employees, to the fullest extent permitted by law, will in any way be responsible for errors or misstatements or be liable whether in contract, tort (including negligence) or otherwise for any loss or damage however caused (whether direct, indirect, consequential, special, or loss of profits).

2. Proprietary Rights in Content and Confidentiality
   

   All intellectual property in the content on the Site, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files is the property of XSOL and may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without XSOL’s prior written consent, except that you may print, or download to your hard drive, extracts from the Site only for your own use.

3. Passwords
   

   You may access the Site anonymously as a visitor and will not be required to provide personally identifiable information.

4. Privacy Policy
   

   If you provide your details to enable XSOL to keep you informed about XSOL products, related services and offers, all information is held securely and can only be accessed and used by XSOL and authorised Partners. You are welcome to contact us at any time to access and update your information or to opt out of receiving further communications from us: P O Box 137248, Parnell, Auckland, 1052, phone +64 9 309 6135 or email enquiry@xsol.com

5. Forum and rules of conduct
   

   You will not post or transmit via any forum on the Site any message, information, data, text, files, links, software or other materials that:

   1. is or is reasonably likely to be defamatory, personally offensive, upsetting, obscene, unsuitable for persons under the age of 18 years or that we may advise from time to time that we reasonably consider to be in any way objectionable;
   2. infringes the intellectual property rights of any person;
   3. you know or suspect to be false or misleading;
   4. is otherwise in breach of any relevant statute or rule of law; or
   5. contains any virus or other destructive component.

   You will not do any of the following (either directly or indirectly) while using any forum:

   1. harass, threaten, defame, embarrass, disrespect the privacy or feelings of or cause distress or discomfort upon another forum user or other individual or entity;
   2. disrupt the flow of dialogue in a forum or otherwise act in a manner that negatively affects other users;
   3. impersonate in a forum any person;
   4. post or transmit any unsolicited advertising, promotional materials or any other forms of solicitation in a forum, unless expressly authorised by us;
   5. breach any applicable law or regulation; or
   6. engage in any other conduct that we advise that we consider (in our absolute discretion) inappropriate.

   You will not:

   1. use the Site in any manner that could damage, disable, overburden or impair the Site or interfere with any other party's use and enjoyment of the Site;
   2. attempt to gain unauthorised access to any other XSOL member accounts, computer systems or networks associated with the Site; or
   3. obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You may only use this Site for lawful purposes.
6. Content and XSOL’s right to monitor
   

   We do not control or endorse and are not responsible for the content posted by 3rd Parties on the Site, and we have no obligation to monitor content. However, we may:

   1. review the Site and may delete or remove any content that is in breach of these Terms;
   2. disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any content.

   If you are dissatisfied with any content on the Site, you should notify us and discontinue use of the Site.

   You acknowledge that the information available through the Site is confidential to XSOL and agree to maintain the confidentiality of that information.

7. Linking
   

   The contents of the Site may include links to third party materials (“linked sites”). We will not be responsible for the contents of any linked site or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. These links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the site or any association with their operators. We reserve the right to prohibit links to the Site and you agree to remove or cease any link upon our request. You may not frame any part of the Site material by including advertising or other revenue generating material.

8. Disclaimer
   

   The Site makes information and material available to you as a service. Use of the Site material is at your own risk. We are not responsible for any adverse consequences arising out of the use of information contained on the Site. The material provided on the Site has not been prepared by taking into account the particular objectives, situation or needs of any individual users. It is a general information service only. You should assess whether it is appropriate in light of your own objectives, situation and needs. We do not give any warranty of accuracy or reliability of information contained on the Site to you or any other person. To the extent permitted by law we exclude all responsibility and liability for such material.

9. Changes to Terms and Conditions
   

   We reserve the right to change these terms and conditions at any time by notifying users of the existence of revised terms and conditions through the Site. By continuing to access the Site, you agree to be bound by the amended terms and conditions.

10. Waiver
    

    If at any time we do not enforce any of these terms or grant you time or other indulgence, we will not be construed as having waived that term or our rights to later enforce that or any other term.

11. Severability
    

    If any portion of these terms and conditions is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.

12. Governing Law
    

    These terms will be governed by New Zealand law and you agree to submit to the exclusive jurisdiction of the New Zealand Courts. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.