Website Terms of Use

Welcome to www.ixlhome.com.au (the website). IXLHome Pty Limited (ABN 25 123 411 898) (“IXL Home”, “we”, “us” and “our”) provide this website and related services subject to the following terms and conditions of use (the Terms of Use). By accessing, browsing or using this website you agree to follow and be bound by these Terms of Use and all applicable law.

We may amend these Terms of Use from time to time and your continued use of our website means that you accept the amended Terms of Use.

1. Your use of our website

You may only use this website for lawful purposes. When using this website, you must not:

(a) impersonate any person or entity;

(b) make any fraudulent speculative or false enquiries or bookings;

(c) post or transmit to or via this website any unlawful, threatening, defamatory, libellous, obscene, indecent, inflammatory or pornographic material or any material that could give rise to civil or criminal proceedings;

(d) knowingly transmit any virus or other disabling feature to the website;

(e) interfere with, disrupt, or create an undue burden on the website or associated systems;

(f) frame or mirror any part of the website without our written approval; or

(g) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the website or cause any other person to do so.

2. Non-commercial use only

You may only use this website for your own personal use (which will at all times be reasonable, not abusive) or for purposes legitimately connected with purchasing our products and services.

You are not allowed to access, use or copy any material or information on this website for any commercial purpose or for any purposes which are unlawful. In particular, you are not allowed to copy (whether by printing off, storing on disk or in any other way), distribute (including distributing copies), alter or tamper with in any way or use any material contained in this website except that you may print off any individual page for your own personal use.

3. Copyright

All rights are reserved. IXL Home is the legal and moral owner of the copyright and other intellectual property subsisting in this website.

You may download and view content or print a copy of material on this website for personal, non-commercial use provided you do not modify the content in any way (including any copyright notice). All rights not expressly granted under these Terms of Use are reserved by IXL Home.

Except where necessary for viewing the content on this website or your browser, or as permitted despite these Terms of Use under the Copyright Act 1968 (Cth) or other applicable laws, no content on this Website may be reproduced, adapted, modified, uploaded to a third party, reposted, linked to, framed, performed in public, distributed or transmitted in any form by any process without our written consent.

4. Trade Marks

This website includes registered trademarks, and other trademarks that are otherwise protected by law. Except as expressly authorised, the use or misuse of any of these trademarks is strictly prohibited.

5. Your Consumer Rights

You may have rights under applicable consumer protection legislation, such as the Australian Consumer Law, which cannot be excluded, restricted or modified by this Agreement (Your Consumer Rights). In Australia, Your Consumer Rights include that goods will be of acceptable quality and match their description and that services will be provided with care and skill. You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.

6. Disclaimer

The Competition and Consumer Act 2010 (Cth), its Australian Consumer Law, and similar State and Territory legislation in Australia may confer rights, guarantees and remedies on you in relation to the provision by us of goods or services on this website, which cannot be excluded, restricted or modified. We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute.

Your use of this website is at your own discretion. We (i) make no warranties or representations about this website or any of the content and; (ii) accept no responsibility for any loss suffered by you or anyone else in connection with the use of this website or content.

We exclude, to the maximum extent permitted by law, any liability which may arise as a result of the use of this website or the content contained within it. Where liability cannot be excluded, any liability incurred by us in relation to the use of this website or the content, is limited as provided under the Australian Consumer Law.

We reserve the right to make changes or alterations to any of our product/s without prior notice or necessarily updating the information contained on this website. Whilst we sincerely aim at ensuring that all information on this website is current as at the date of first publication, this site may contain some errors or inaccuracies. You agree to make your own enquiries to verify the information provided and to assess the suitability of products before you purchase.

If any of the terms and conditions in these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

We are not responsible to you or anyone else for any kind of direct or indirect loss suffered with the use of this website and any other external website linked to this website. As far as is permitted by law we exclude all such liability or claims for loss and you agree to indemnify us for any loss or liability because of the use of this website. Any concerns regarding an external link should be directed to its responsible site administrator or webmaster.

7. IXL Home on Data Security and Privacy

We are committed to complying with the National Privacy Principles set out in the Privacy Act 1988. We know protection of your private information is important to you.

We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information. Please view the full details of our Privacy Policy.

8. Use of Personal Information

We will only collect personal information such as your name, address, email address, telephone number or fax number for the express purpose for which you provided the data (e.g. to process requests for information or brochures, to process orders or send out newsletters or other information).

This data is used to provide information and services which are tailored to your requirements and to continually improve the quality of our service to you. Your personal information will only be used by us and our related entities and by business partners who are commissioned by us to fulfil your requests. We will exercise utmost diligence to protect your personal information and will take steps to ensure that our business partners comply with National Privacy Principles. Thus, personal information which is collected while you browse our website will always comply with Australian legislation.

Please see our Privacy Policy.

9. Technologies

Our website uses Internet technologies (e.g. cookies, Java Script) for the sole purpose of making Internet applications easier to use. Cookies are small pieces of information that your browser stores on your computer hard drive. In order to improve the attractiveness of our websites and to assist us to improve and develop the products and services we offer, information is retrieved automatically in a limited number of cases (e.g. browser, operating system, click count, average time spent per page). This information is collected in such a manner as not to be personally identifiable.

10. Security

We take reasonable steps to safeguard your personal information against loss, damage, corruption, manipulation, unauthorised access and unauthorised disclosure. The information technologies we use are password protected and we use anti-virus software. Our employees are required to treat your personal information as confidential.

However, we cannot guarantee that any file or program available for download and/or execution from or via this website is free from viruses or other conditions that could damage or interfere with data, hardware or software with which it might be used. It is your responsibility to make sure that you have the proper equipment and anti-virus software to use this website safely. You assume all risk of use of all programs and files on this website, and you release us entirely of all responsibility for any consequences of its use.

11. Hyperlinks to External Websites

Cross-references (so-called hyperlinks) on our websites may connect to Internet sites run by other companies. We are not responsible for the condition or content of those websites as they are not under our control. You access those external websites and/or use the external website’s products and services solely at your own risk and is subject to the terms of use and privacy policies located on the linked to external websites.

The hyperlinks are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement, approval, recommendation or preference by us of the external websites or the information, products or services provided on the site unless specifically stated. Nor do we make any representations or warranties as to the accuracy, completeness, performance or timeliness of any aspect of information contained in those third-party internet sites. We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. By using the hyperlinks, you may be disclosing personal information and you should check the privacy policy of any external website you intend to access. We make no warranties that in so doing your personal information is protected or that the person whose website you access will comply with the Privacy Act 1998 (Cth).

We do not accept any liability for the accuracy and legality of pages to which hyper inks are provided on this site. We also do not accept any responsibility whatsoever for the content of such external websites or their data security policies.

12. Linking to IXL Home websites

We welcome links to our websites in accordance with the following terms and conditions:

(a) You may only create a link to the front page of a IXL Home website, for example, www.ixlhome.com.au or www.ixlappliances.com.au. You must not create any links to a specific webpage within a IXL Home website a practice often known as "deep linking".

(b) You must not create the link or use it in any way to represent or imply falsely, deceptively or confusingly that:

i. we sponsor, endorse or are affiliated with or related to any third party (including you) or product; or

ii. you are providing, or are the source of, any goods or services provided by us.

(c) You use and link to a IXL Home website at your own risk. Except to the extent that any law imposes liability on us which cannot be excluded, we will not be liable for any loss or damage from any cause (including negligence) to your website and system, or to people linking to us from your website(s), caused by or in connection with a link to a IXL Home website. Any such loss or damage will be your responsibility.

(d) Your website, and any material on it, must conform to accepted standards of public decency and good taste. It must not expose us to any risk of liability under any criminal or civil law, or liability arising from the infringement of a third party's rights. Neither you nor the material on your website may disparage us or our goods or services.

(e) You agree to indemnify us and keep us indemnified against all actions, claims, costs, demands, damages or liability arising in any manner from a breach by you of these terms and conditions.

(f) Your website must not frame a webpage of any IXL Home website, and when a link to a IXL Home website created in accordance with clause 4(a) is clicked by a user:

i. the front page of the relevant IXL Home website must be shown in full without distortion; and

ii. the URL of the front page of the relevant IXL Home website (e.g. www.ixlhome.com.au or www.ixlappliances.com.au) must be displayed in the address bar of the user's web browser.

13. Applicable Law

By accessing, browsing or using this website, you agree that the laws of Victoria, without regard to principles of conflict of laws, will govern these website Terms of Use and any dispute of any sort that might arise between you and us or our affiliates. Regardless of where you access this website, you agree that any action at law or in equity arising out of or relating to these website Terms of Use shall be filed and adjudicated only in the federal or state courts located in Australia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding between you and us or any of our affiliates.

14. Access and Correction

Under the Privacy Act you have the right to seek correction of personal information which you consider is inaccurate. Please make any such request in writing to us at info@ixlhome.com.au.

If you have a complaint about how we have used your personal information please contact us by return email at info@ixlhome.com.au.

For more information, please see our Privacy Policy.