Terms & Conditions
for Products and Services supplied by XPL
Entity Name: Explorer Technologies Pty Ltd
Business Name: XPL
ABN: 12 105 277 576
1.1 Background and Purpose
1.1.1 XPL (ABN 12 105 277 576), is an industry-leading entity offering innovative solutions through our range of products and services tailored to meet the evolving needs of our clientele.
1.1.2 This document articulates the Terms & Conditions that govern the utilisation of our offerings, including accessing our website, products, and services. It aims to define the scope of rights, obligations, and expectations between XPL and its users.
1.2 Website Access and Acceptance
1.2.1 Every individual or entity accessing our website, www.xpl.com.au, or utilising any of our products or services enters into an implicit agreement, thereby accepting to adhere to these Terms & Conditions in their entirety.
1.2.2 We highly encourage all users to peruse through this document carefully. By proceeding with the use of our website, products, or services, it is assumed that the user has thoroughly understood, and voluntarily accepted, all the terms stipulated herein.
1.2.3 If, at any point, a user finds any provision of these terms disagreeable or not in their best interest, it is advised to immediately cease the use of our services and website. Engaging with our platforms while holding reservations against these terms may lead to conflicts, for which XPL cannot be held liable.
1.3 Updates and Amendments
1.3.1 The digital and business landscapes are ever-evolving. To keep in step with industry standards, legal requirements, and to cater to our users’ best interests, XPL may find it necessary to update or amend these terms from time to time.
1.3.2 While major changes will typically be communicated to our users, it is the user’s responsibility to periodically review this document to remain abreast of any modifications. Continued use of our website, products, or services post any changes will be deemed as acceptance of the amended terms.
- Ownership of Right
2.1 Intellectual Property Overview
2.1.1 Intellectual Property (IP) encompasses creations of the mind, such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce. In the context of XPL and its operations, IP refers to all intellectual creations related to our website, products, and services.
2.1.2 IP is protected by law, allowing creators to earn recognition or financial benefits from their inventions or creations. By striking the right balance between the interests of innovators and the public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.
2.2 Ownership and Licensing
2.2.1 All intellectual property rights associated with our website, products, and services, including but not limited to copyrights, trademarks, and patents, are either the sole property of XPL or are utilised under an appropriate license or with permission.
2.2.2 Any trademarks, service marks, graphics, logos, and trade names used by XPL, whether registered or unregistered, are proprietary to XPL and are protected by trademark laws in Australia and trademark treaties internationally.
2.3 Unauthorised Use and Consequences
2.3.1 No individual or entity may reproduce, redistribute, republish, upload, or otherwise use any protected properties of XPL without obtaining prior written consent from XPL.
2.3.2 Unauthorised use of XPL’s intellectual property rights may result in serious legal implications, including but not limited to, injunctions, damages, accountabilities for profits, and potential criminal charges.
2.3.3 XPL reserves the right to initiate any actions or proceedings it deems necessary to prevent, halt, or redress any unauthorized use of its intellectual properties.
2.4 Reporting Infringements
2.4.1 If users suspect or become aware of any unauthorized use or infringement of XPL’s intellectual properties, they are strongly encouraged to notify XPL immediately. Such notifications can assist XPL in safeguarding its intellectual assets and ensuring a fair marketplace for all.
2.4.2 Reports should be sent to our official contact channels, and any relevant information, such as the nature of the infringement, any involved parties, and supporting evidence, should be included to expedite the investigative process.
3.1 Product Overview
3.1.1 XPL is dedicated to delivering high-quality digital solutions tailored to meet the demands of today’s dynamic business environment.
3.1.2 Our range of products is a testament to our commitment to innovation and efficiency, with each product designed to address specific business needs and challenges.
3.2 Product Portfolio
3.2.1 XPL Travel: A cutting-edge business and booking travel management ERP system designed to streamline operations, reduce administrative overheads, and enhance the user experience in the travel and tourism sector.
Features: Includes real-time travel tracking, integration with major travel service providers, predictive analytics, and more.
3.2.2 XPL Connect: A state-of-the-art communication and integration management tool that offers seamless integration solutions, ensuring smooth communication between disparate systems.
Features: Multi-platform support, data transformation capabilities, robust API management, etc.
3.2.3 XPL Commerce: A dynamic e-commerce platform designed to help travel businesses expand their reach, drive sales, and offer an unparalleled shopping experience.
Features: Integrated payment gateways, intuitive user interface, mobile responsiveness, and advanced security measures.
3.3 Product Specific Terms
3.3.1 While these overarching Terms & Conditions apply universally to all products and services offered by XPL, each product may come with its own set of terms, conditions, and guidelines. These are crafted to address product-specific scenarios and considerations.
3.3.2 It remains the users’ responsibility to acquaint themselves with these product-specific terms and ensure compliance. Ignorance or oversight of these terms will not be deemed as an acceptable excuse for non-compliance.
3.4 Product Development and Updates
3.4.1 XPL continuously seeks to improve and refine its product offerings based on technological advancements, user feedback, and market demand.
3.4.2 Periodic updates, enhancements, or modifications to our products may be rolled out, and users may be required to update their version to continue receiving support and optimal functionality.
3.4.3 Significant changes to products or their features will be communicated to registered users via their provided contact details and will also be announced on the official XPL website.
3.5 Product Support and Maintenance
3.5.1 XPL offers support and maintenance services for its products, the details of which can be found in the respective product agreements or can be enquired about through our official communication channels.
3.5.2 Users are encouraged to utilise these support services for any product-related queries, issues, or feedback.
- Accuracy of Content
4.1 Commitment to Information Integrity
4.1.1 XPL prides itself on presenting accurate, up-to-date, and reliable information across all its platforms, including its website, product documentation, and other communication channels.
4.1.2 We undertake reasonable measures, including regular content reviews and verifications, to ensure the quality and precision of the content disseminated.
4.2 Potential Discrepancies
4.2.1 While every effort is made to maintain the accuracy of content, given the dynamic nature of the digital landscape, occasional discrepancies, omissions, or inaccuracies might arise.
4.2.2 Users are encouraged to exercise their judgement and discretion when using information provided and to verify critical information independently if it influences decision-making processes or business operations.
4.3 Content Corrections
4.3.1 Should any errors, oversights, or outdated information be identified, XPL retains the right to make corrections, updates, or modifications at any time without prior notice to users.
4.3.2 If users identify inconsistencies or inaccuracies, they are encouraged to report them to XPL’s dedicated support team to assist us in maintaining our commitment to information accuracy.
4.4 External Links and Third-party Information
4.4.1 The XPL website or its products may occasionally provide links to external websites or incorporate third-party data for additional reference or functionality. XPL does not have direct control over the content of these external sources and cannot guarantee their accuracy, completeness, or timeliness.
4.4.2 Users accessing external links or relying on third-party data do so at their own risk, and XPL disclaims liability for any discrepancies or issues arising from such external content.
4.5 Continuous Improvement
4.5.1 XPL values user feedback regarding content accuracy. Such feedback is used not only for immediate rectification but also to refine our content generation and review processes.
4.5.2 We remain committed to improving our systems and methodologies to minimise inaccuracies and ensure that our users receive the most reliable information possible.
- Limitation of Liability
5.1 General Limitation
5.1.1 While XPL endeavours to offer high-quality products and services, users recognise and agree that they utilise our offerings at their sole risk.
5.1.2 To the maximum extent permissible under Australian law, XPL, its officers, directors, employees, agents, and licensors shall not be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages.
5.2 Direct Damages
5.2.1 XPL’s total cumulative liability arising from or related to the products and services, whether in contract or tort or otherwise, shall not exceed the fees actually paid by the user for the specific product or service from which the claim arises.
5.2.2 This limitation is designed to ensure that any potential damages recoverable from XPL are proportionate to what the user has paid for the service.
5.3 Exclusions from Liability
5.3.1 XPL shall not be held accountable for any losses or damages arising from unauthorised access to, or use of, user data or user accounts due to user actions, such as not securing login credentials.
5.3.2 We cannot be held liable for any indirect losses or damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, resulting from the use or inability to use our products or services.
5.4 Force Majeure
5.4.1 XPL will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.
5.5 Informed Decisions
5.5.1 XPL provides its products and services with the intent to facilitate and streamline processes for businesses. It remains the responsibility of the user to ensure that they make informed decisions based on comprehensive considerations, not solely on the information provided by our products and services.
5.6 Acknowledgment of Risks
5.6.1 By using XPL’s products and services, users acknowledge that they understand the inherent risks associated with digital solutions and accept that while XPL makes every effort to mitigate these risks, it cannot guarantee complete immunity from potential challenges or losses.
- User Obligations
6.1 Truthfulness and Transparency
6.1.1 Users are required to provide accurate, up-to-date, and complete information during all interactions with our platform and services.
6.1.2 Users are cautioned against any misrepresentation, falsehoods, or intentional omissions that may adversely affect their experience or the experiences of others.
6.2 Account Security
6.2.1 Users are responsible for establishing robust passwords and for maintaining the confidentiality of their account credentials.
6.2.2 Any unauthorised use of an account or suspected breach of security must be reported immediately to XPL.
6.2.3 Sharing of login credentials with third parties without XPL’s written approval is strictly prohibited and may lead to suspension or termination of the account.
6.3 Proper Use and Conduct
6.3.1 Users agree not to misuse XPL’s products or services in any manner that could disrupt, harm, or unduly affect any party.
6.3.2 Users are expected to act in good faith and in a manner consistent with reasonable business conduct.
6.4.1 Users may not assign or delegate any rights or obligations under these terms without the prior written consent of XPL. Any attempted assignment without such consent will be null and void.
6.5 Compliance with Applicable Laws
6.5.1 Users are expected to be familiar with and comply with all applicable local, state, national, and international laws and regulations pertaining to their use of XPL’s services.
6.5.2 Violations of any such laws may lead to account suspension or termination and potential legal actions.
6.6 Respectful Interaction
6.6.1 Users are expected to communicate respectfully with XPL representatives and other users on the platform. Harassment, intimidation, or any form of derogatory behaviour will not be tolerated.
6.6.2 Feedback and criticism should be provided in a constructive manner, aimed at improving the service rather than maligning it.
6.7 Continuous Update of Information
6.7.1 If any information provided by the user changes, such as contact details or payment information, they must promptly update their account details or inform XPL of such changes.
6.8 Data Responsibility
6.8.1 Users should regularly back up any critical data they input or store on XPL platforms to prevent potential data loss or corruption.
6.8.2 Users acknowledge that while XPL implements strong data protection mechanisms, it is their responsibility to ensure the integrity and safety of their data.
7.1 Collection of Personal Data
7.1.1 XPL collects personal information provided by users during registration, product inquiries, or other interactions on our platform.
7.1.2 The type of personal data collected may include, but is not limited to, names, addresses, phone numbers, email addresses, and other contact or identifying information.
7.1.3 We may also collect non-identifying information, such as usage data, platform interaction patterns, and preferences.
7.2 Use of Personal Data
7.2.1 XPL uses personal data primarily to provide, maintain, and improve our services tailored to users’ needs.
7.2.2 We may also use personal information for communication purposes, including sending updates, promotional materials, or other related information, unless users opt out of such communications.
7.2.3 Data analysis may be conducted to improve our product offerings and user experience.
7.3 Data Protection and Security
7.3.1 XPL prioritises the security and integrity of user data and employs industry-standard protective measures against unauthorised access, alteration, or disclosure.
7.3.2 All personal information is stored on secure servers and is subject to stringent data protection regulations consistent with Australia’s robust data protection legislation.
7.4 Sharing of Personal Data
7.4.1 XPL will not share, sell, or distribute users’ personal information to third parties without their explicit consent, except where required by law or for legitimate business purposes.
7.4.2 We may engage third-party service providers to perform certain functions on our behalf, and in such cases, access to personal data will be limited to what is necessary for the task.
7.5 User’s Rights to Their Data
7.5.1 Users have the right to access, update, correct, or delete their personal information stored on our platform.
7.5.2 Users can request a copy of their personal information held by XPL or request modifications to ensure its accuracy.
7.5.3 To exercise these rights or to make inquiries about data handling practices, users can contact XPL’s designated data protection officer or privacy team.
7.6 Data Retention
7.6.1 XPL retains personal data only as long as necessary to fulfil the purposes for which it was collected or to comply with legal, regulatory, or internal policy requirements.
7.6.2 Once data is no longer required, it is securely deleted or anonymised.
7.7 Cookies and Tracking
7.7.1 Our website and services may use “cookies” and similar tracking technologies to enhance user experience, analyse website traffic, and gather demographic information.
7.7.2 Users can control and/or reject cookies through their browser settings, though some features of our platform may become inaccessible if cookies are disabled.
7.8.1 XPL reserves the right to modify our privacy practices and this Privacy section from time to time. Any significant changes will be communicated via our website or direct communication to our users.
- Data Protection and Security
8.1 Data Security Protocols
8.1.1 XPL employs advanced security measures, including encryption, firewalls, and secure socket layer technology, to protect the integrity and confidentiality of user data.
8.1.2 Regular security assessments, including vulnerability testing and penetration testing, are conducted to ensure the robustness of our systems.
8.2 Data Storage
8.2.1 All user data is stored on servers located within Australia, ensuring compliance with national data protection laws.
8.2.2 Our server facilities maintain high-level physical security measures, including biometric access controls, 24/7 surveillance, and security personnel presence.
8.2.3 Data backups are frequently executed to prevent data loss, and these backups are encrypted and stored in secure locations.
8.3 Employee Training & Access
8.3.1 Only a select group of XPL personnel, specifically trained in data security and confidentiality, have access to users’ personal data.
8.3.2 Regular training sessions are conducted to keep our team updated on the latest security protocols and best practices.
8.3.3 Employees are bound by non-disclosure agreements and stringent confidentiality clauses.
8.4 Data Breach Protocol
8.4.1 In the unlikely event of a data breach, XPL is committed to promptly notifying affected users and relevant authorities as required by Australian data protection laws.
8.4.2 We have a pre-established action plan to address, manage, and mitigate the impact of any potential data breaches, ensuring minimal impact on users.
8.4.3 XPL’s data breach response includes identification, containment, evaluation, notification, recovery, and post-incident analysis.
8.5 User Responsibilities
8.5.1 Users are encouraged to create strong, unique passwords for their accounts and to update them regularly.
8.5.2 Sharing of account credentials is discouraged, and users should report any suspicious activity related to their accounts to XPL immediately.
8.5.3 While XPL endeavours to ensure data security, users also play a crucial role in safeguarding their personal information.
8.6 Third-Party Integrations
8.6.1 XPL may integrate with third-party platforms or services, and while we strive to work with trusted partners, we cannot guarantee the security protocols of external entities.
8.6.2 Users should review the data protection policies of any third-party platforms they integrate with or provide access to their data.
8.7 Continuous Improvement
8.7.1 XPL is dedicated to the continuous improvement of our data protection and security measures. We actively seek feedback, conduct research, and implement best practices from the industry.
8.7.2 We stay abreast of developments in data protection regulations and adjust our protocols and systems accordingly.
- Termination/Suspension of Services
9.1 Grounds for Termination or Suspension
9.1.1 XPL reserves the right to suspend or terminate services based on violations of these Terms & Conditions.
9.1.2 Breaches that jeopardise the security, functionality, or integrity of our platform or services may result in immediate termination or suspension without prior notice.
9.1.3 Continuous inactivity or non-use of an account for an extended period may be grounds for suspension or termination, following a notification to the account holder.
9.2 Customer-Initiated Termination
9.2.1 Customers may choose to terminate their engagement with XPL by providing written notice, subject to the terms of any separate agreement or contractual obligation.
9.2.2 Termination by the customer does not automatically warrant a refund unless explicitly mentioned in a separate agreement.
9.3 Effects of Termination
9.3.1 Upon termination, access to XPL services will be disabled, and any stored data may be deleted, following a grace period during which customers can retrieve their data.
9.3.2 Termination does not absolve the customer of any outstanding financial obligations or debts to XPL.
9.4 Suspension Protocols
9.4.1 Suspended accounts will be temporarily disabled, restricting access to services until the issue leading to suspension is resolved.
9.4.2 Users with suspended accounts will be provided with the reason for suspension and will be offered a pathway for resolution, where applicable.
9.5 Post-Termination Obligations
9.5.1 Customers are required to fulfil any outstanding obligations, financial or otherwise, post-termination.
9.5.2 Confidential information acquired during the engagement must remain confidential, even post-termination, as per the confidentiality clauses.
9.6 Reinstatement after Termination or Suspension
9.6.1 XPL may, at its discretion, consider requests for account reinstatement after suspension or termination. Conditions for reinstatement may apply.
9.6.2 Past violations will be taken into account when considering reinstatement and may influence XPL’s decision.
9.7 Liability upon Termination
9.7.1 XPL is not liable for any consequences, financial or operational, that users or customers may face due to suspension or termination.
9.7.2 In the event of customer-initiated termination, XPL retains the right to retain any prepaid amounts or fees unless otherwise specified in individual agreements.
- Governing Law & Adherence to Regulations
10.1 Jurisdiction and Venue
10.1.1 Any interactions, disputes, or legal proceedings arising from or related to engagements with XPL will be governed by and construed in accordance with the laws of Australia.
10.1.2 The courts of Australia will have exclusive jurisdiction in the event of any disputes, although XPL encourages amicable resolution mechanisms such as mediation before pursuing litigation.
10.2 Key Regulations
10.2.1 Both parties must familiarise themselves and comply with significant Australian regulations relevant to the services provided by XPL, including:
- The Competition and Consumer Act 2010 (Australian Consumer Law)
- Copyright Act 1968
- Electronic Transactions Act 1999
- Spam Act 2003
10.2.2 Customers must ensure they are compliant with all relevant industry-specific regulations, whether national, state, or local.
10.3 Amendments to Applicable Law
10.3.1 Regulations and laws governing services and products may evolve over time. Both XPL and the customer have an ongoing obligation to remain informed and adapt to any changes in relevant laws.
10.3.2 XPL commits to regularly reviewing and updating its practices to ensure adherence to the most recent regulatory standards.
10.4 International Considerations
10.4.1 If XPL’s services are accessed from outside Australia, the customer is responsible for compliance with the laws of their respective jurisdictions, in addition to Australian laws.
10.4.2 XPL makes no representation that its services are appropriate or available for use in other locations outside Australia.
10.5 Compliance and Cooperation
10.5.1 Both parties commit to cooperating in ensuring full compliance with all relevant laws and regulations.
10.5.2 In the event of any regulatory inquiry or litigation, both parties agree to cooperate fully and provide any necessary documentation or testimony required.
10.6 Breach of Regulations
10.6.1 Breaches of governing laws and regulations, whether intentional or inadvertent, may result in termination of services, penalties, or legal actions against the offending party.
10.6.2 XPL is not liable for customers’ breaches of regulations. Customers indemnify XPL against any claims, penalties, or legal actions resulting from their non-compliance.
11.1 Scope of Warranties
11.1.1 XPL warrants that its products and services will perform substantially in accordance with the specifications provided in official documentation for a reasonable period post-purchase or as explicitly mentioned in any accompanying service agreement.
11.1.2 Unless explicitly stated, all other warranties or guarantees, whether expressed, implied, or statutory, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose, are hereby disclaimed by XPL to the maximum extent permitted by law.
11.2 Implied Warranties
11.2.1 As governed by Australian law, certain warranties and conditions that cannot be excluded may be implied into these Terms & Conditions. If so, XPL’s liability for breach of such implied warranties is, at XPL’s option, limited to one of the following: the replacement or repair of goods, the supply of equivalent goods, or the re-supply or the refund of the cost of services.
11.3 Warranty Claims
11.3.1 All warranty claims will be assessed by XPL on a case-by-case basis. Customers must promptly notify XPL of any potential warranty breaches and provide adequate documentation or evidence of the alleged deficiency.
11.3.2 Delayed reporting or failure to provide essential details may affect the outcome of a warranty claim.
11.4.1 The warranties set forth do not cover damages, malfunctions, or service failures caused by:
- Improper use or misuse of the product or service.
- Unauthorized modifications, alterations, or repairs.
- External factors such as power failures, natural disasters, or unforeseen accidents.
- Failure to follow XPL’s recommended guidelines, operations, or maintenance procedures.
11.5 Warranty Duration
11.5.1 Unless otherwise stated in any specific product or service agreement, the warranty duration is limited to the time frame mandated by the Australian Consumer Law.
11.6.1 If XPL determines that a product or service fails to conform to the warranty, XPL will, at its discretion, either:
- Provide necessary remedial services at no additional charge.
- Replace or repair the non-conforming components of the product.
- Refund the amount paid for the specific non-conforming product or service, upon its return.
11.6.2 These remedies represent the customer’s sole and exclusive remedies for any breach of warranty.
- Use of Third-Party Products
12.1 General Understanding
12.1.1 Customers may sometimes use products, software, or services not provided or developed by XPL, including but not limited to products from Microsoft or other manufacturers, in conjunction with XPL’s products and services.
12.1.2 It is imperative to understand that these third-party products come with their independent terms and conditions, licensing agreements, and usage guidelines.
12.2 Client Responsibility
12.2.1 Clients hold the onus to thoroughly review, comprehend, and comply with all associated terms, conditions, and requirements presented by third-party product manufacturers or licensors.
12.2.2 Clients are also responsible for obtaining necessary permissions, licenses, or approvals from third-party product providers if required for their integration or use with XPL products or services.
12.3 Non-Liability of XPL
12.3.1 XPL assumes no liability or responsibility for any breaches, issues, conflicts, or discrepancies arising from third-party product terms or conditions by the client.
12.3.2 XPL will not be held accountable for any technical difficulties, data breaches, compatibility issues, or other disturbances that might arise due to the integration or concurrent use of third-party products with XPL’s offerings unless explicitly agreed otherwise.
12.4 Support and Compatibility
12.4.1 While XPL aims to ensure compatibility of its products with popular third-party tools and platforms, seamless functionality cannot always be guaranteed due to the evolving nature of software products and updates from both XPL and third-party providers.
12.4.2 Support and troubleshooting for issues related specifically to third-party products or arising solely due to the third-party product’s malfunction are typically outside the purview of XPL’s standard support services.
12.5 Notifications and Updates
12.5.1 Should XPL become aware of compatibility issues or potential risks related to specific third-party products, it might, at its discretion, notify customers. However, this is a courtesy, and the primary responsibility rests with the client to keep themselves informed about their third-party products.
12.6 Performance and Integration
12.6.1 XPL does not guarantee that third-party products will function without disruptions, errors, or conflicts when integrated with XPL’s solutions. Clients should carry out necessary testing and due diligence to ensure smooth operations.
- Support & Maintenance
13.1 Nature of Support
13.1.1 XPL offers varied levels of technical and customer support based on the product or service package availed by the client. This support can range from basic troubleshooting assistance to advanced technical consultations.
13.1.2 Support is primarily provided via email, phone, and potentially through remote session tools, depending on the nature of the issue. Other mediums of support may be available subject to the specific terms of the purchased service package.
13.2 Maintenance Activities
13.2.1 Regular maintenance of our products and services is essential to ensure they function optimally, remain secure, and stay updated with the latest advancements and fixes.
13.2.2 XPL may periodically schedule maintenance activities which may or may not impact system availability. Clients will typically be notified in advance of any planned maintenance that might affect their use of the product or service.
13.2.3 Emergency maintenance activities may be undertaken without prior notice if deemed necessary to protect the integrity, security, or functionality of the service.
13.3 Support Prioritisation and Response Time
13.3.1 While XPL is dedicated to addressing all support queries promptly, issues that are critical to business operations or system functionality will be prioritised.
13.3.2 Response times can vary based on the severity of the issue, the current support request volume, and the specifics of the client’s service package.
13.4 Exclusions from Standard Support
13.4.1 Troubles arising due to misuse of the product, unauthorised modifications, or third-party interventions may not fall under the standard support umbrella.
13.4.2 Support requirements that necessitate custom development, specialised training, or other non-standard interventions might incur additional charges or may need separate agreements.
13.5 Maintenance Updates and Upgrades
13.5.1 Maintenance updates primarily focus on bug fixes, security patches, and minor improvements and are generally provided to clients as part of their standard service package.
13.5.2 Major upgrades that introduce new features, significant enhancements, or foundational changes might be rolled out separately and could be subject to additional terms or costs.
13.6 Training and Documentation
13.6.1 XPL aims to empower its clients by providing comprehensive documentation, user guides, and where applicable, training modules or sessions to help them make the best use of the products and services.
13.6.2 Some specialised training or in-depth workshops might be offered as separate services and could carry additional charges.
13.7 Limitations and Client Cooperation
13.7.1 Effective support often requires full cooperation from the client, including providing necessary access, information, and feedback in a timely manner.
13.7.2 XPL’s ability to deliver efficient support might be hampered if the client fails to provide the required cooperation or if there are external factors beyond XPL’s control affecting the issue.
- Waiver and Severability
14.1.1 Definition: A waiver denotes XPL’s intentional relinquishment of a known right or claim, which must be evident through words or actions. An oversight or failure to enforce a particular right doesn’t automatically qualify as a waiver.
14.1.2 Conditions: Any waiver by XPL of any provision or breach of these Terms & Conditions shall not operate as a waiver of any subsequent breach by the client. For a waiver to be effective, it must be provided in writing and signed by an authorised representative of XPL.
14.1.3 Implications: A single or partial exercise of any right or remedy related to these Terms & Conditions does not prevent further exercise of any other right or remedy.
14.2.1 Definition: Severability refers to the ability of these Terms & Conditions to remain in effect even if one or more clauses are deemed unenforceable or illegal.
14.2.2 Applicability: Should any provision of these Terms & Conditions be found invalid, unlawful, or unenforceable, whether in whole or in part, by a court of competent jurisdiction, the affected provision will be modified to the extent necessary to render it valid, enforceable, and consistent with the original intent, preserving the remaining provisions’ integrity and enforceability.
14.2.3 Continuation: The unaffected provisions of these Terms & Conditions shall remain in full force and effect, preserving the agreement’s integrity. Both parties acknowledge and agree that if any provision, or portion thereof, is found to be invalid or unenforceable, their wishes and the agreement’s effectiveness are not lessened.
- Force Majeure
15.1.1 A “Force Majeure Event” refers to an event or occurrence beyond the reasonable control of a party, which prevents that party from performing its obligations under this agreement. Such events may include, but are not limited to, natural disasters (like earthquakes, floods, and wildfires), acts of war or terrorism, strikes or labour disputes not involving the party’s employees, government actions, epidemics or pandemics, and other unforeseen catastrophic events.
15.2.1 The party affected by the Force Majeure Event shall notify the other party as soon as reasonably possible, detailing the nature and extent of the event and its effect on its ability to fulfil its obligations.
15.2.2 Ongoing communication should be maintained, with regular updates on the event’s status and expected duration.
15.3 Obligations During Force Majeure
15.3.1 Parties affected by a Force Majeure Event will take all reasonable steps to mitigate the event’s effects and resume performance of the agreement as soon as possible.
15.3.2 Obligations under this agreement will be suspended for the duration of the Force Majeure Event. If the event continues for more than [specific duration, e.g., “60 days”], either party may choose to terminate this agreement with written notice.
15.4.1 Financial hardships, changes in market conditions, or insufficiencies in funds are not considered Force Majeure Events.
15.4.2 Any obligations to make payments due under these Terms & Conditions are not excused by a Force Majeure Event.
15.5.1 If the Force Majeure Event persists for a continuous period of more than [specific duration, e.g., “90 days”], either party may terminate this agreement by providing written notice to the other party. Upon such termination, neither party shall have any liability to the other, except for the rights and obligations that accrued prior to the event.
- Amendments to Terms & Conditions
16.1 Notification of Changes
16.1.1 XPL reserves the right to modify, amend, or replace these Terms & Conditions at its sole discretion.
16.1.2 Any changes to the Terms & Conditions will be posted on the XPL website. In addition, XPL may, but is not obligated to, notify users of significant changes through email or other communication methods.
16.1.3 It is the responsibility of the users to regularly review the Terms & Conditions to stay informed about any changes.
16.2 Date of Effect
16.2.1 Changes will be effective immediately upon posting on the XPL website unless otherwise stated.
16.2.2 For major revisions, a grace period may be provided, during which the previous terms will remain in effect.
16.3 Acceptance of Amendments
16.3.1 By continuing to access or use XPL’s website, products, or services after revisions are made, the user indicates their acceptance of the modified Terms & Conditions.
16.3.2 If a user disagrees with any of the revised terms, they should discontinue their use of XPL’s services and notify XPL of their decision.
16.4.1 Previous versions of the Terms & Conditions will be archived and made available upon request for reference.
16.4.2 Users are encouraged to retain copies of the Terms & Conditions at the time of their acceptance for their records.
- Dispute Resolution
17.1 Initial Communication
17.1.1 In the event of any disagreement or dispute arising from or related to these Terms & Conditions, the parties shall, in the first instance, attempt to resolve the issue through open and amicable communication.
17.1.2 The aggrieved party shall provide written notice to the other, outlining the nature and specifics of the dispute, allowing both parties to understand the issue fully.
17.2.1 If parties are unable to resolve the dispute through direct communication within a reasonable time, both parties agree to engage in mediation with an independent mediator in an attempt to resolve the dispute.
17.2.2 The mediator will be mutually agreed upon by both parties, and the costs of such mediation will be shared equally.
17.2.3 Mediation sessions shall be held at a mutually agreed location and time.
17.3.1 If mediation fails to bring about a resolution, either party may seek to have the dispute resolved through arbitration.
17.3.2 The arbitration process shall be governed by the rules and regulations in force in the state of New South Wales, Australia.
17.3.3 The decision reached in arbitration shall be binding on both parties, and they agree to abide by the decision without recourse to further legal actions regarding the disputed issue.
17.4 Legal Proceedings
17.4.1 In cases where both mediation and arbitration fail to achieve a resolution, either party may then pursue legal remedies through the Australian court system.
17.4.2 Any legal proceedings related to the dispute shall be initiated and heard in the appropriate courts of New South Wales, Australia.
17.5 Continued Cooperation
17.5.1 Despite the existence of a dispute, both parties shall continue to perform their respective obligations under the Terms & Conditions, unless the nature of the dispute prevents one or both parties from doing so.
17.5.2 Both parties commit to resolving disagreements in a professional and constructive manner, without causing unnecessary harm to the business relationship.
- Feedback and Complaints
18.1.1 XPL values the opinions and concerns of its users. This section outlines the procedure for users to share feedback or register complaints regarding any aspect of XPL’s services, products, or operations.
18.1.2 By formalising this process, XPL seeks to enhance transparency and demonstrate its commitment to continuous improvement and user satisfaction.
18.2 Feedback Submission
18.2.1 Users are encouraged to provide feedback – both positive and constructive – about their experiences with XPL’s products or services.
18.2.2 Feedback can be submitted via our dedicated online portal on the XPL website, via email, or by reaching out to our customer service representatives.
18.3 Complaint Procedure
18.3.1 If a user has specific concerns or is dissatisfied with any aspect of their interactions with XPL, they may lodge a formal complaint.
18.3.2 Upon receipt of a complaint, XPL will acknowledge its receipt within a stipulated time frame, generally 48 business hours.
18.3.3 A dedicated team will review and investigate the complaint, ensuring a fair and impartial examination of the concerns raised.
18.3.4 XPL commits to providing a comprehensive response and, if applicable, a proposed solution or remedy within 14 business days of receiving the complaint, unless circumstances require a longer investigation period. In such cases, the complainant will be informed of the delay.
18.3.5 Users have the right to escalate the complaint if unsatisfied with the initial resolution. This can be done by contacting a higher authority within XPL or using the escalation mechanism provided on our website.
18.4.1 All feedback and complaints will be treated with the utmost confidentiality. Personal information provided during the process will only be used to address the feedback or complaint and will not be shared with third parties without the user’s consent.
18.4.2 Records of feedback and complaints will be maintained to help XPL improve its services and ensure that recurrent issues are identified and addressed.
18.5 Continuous Improvement
18.5.1 XPL views feedback and complaints as opportunities for growth and learning. Insights gathered from user feedback will be used to drive improvements in products, services, and customer interactions.
18.5.2 Periodic reviews will be conducted to assess the effectiveness of the feedback and complaint mechanism, ensuring it meets users’ needs and remains relevant.
Contact us for feedback or complaints:
Phone: +61 2 9357 2734