Xcite™ Advertising Australia conditions of use.
Welcome to our Xcite™ Trucks Website. These are our Terms & Conditions for use of this site which may access in several ways, including but not limited to the World Wide web, mobile phones, PDAs and RSS feeds. These Terms and Conditions apply whenever you access this site, regardless of how you access this site.
Use of Xcite™ Trucks Website/Portal
The use of the word “portal” or “site” can also refer to website.
Xcite™ Advertising Australia is the owner and operator of this site. By entering this site, you agree to be bound by these Terms and Conditions, which are subject to change at our sole discretion.
Your use of and access to this site indicates your acceptance of the Terms and Conditions, as they exist at all times. Whilst Xcite™ takes care to ensure that the material on the Xcite™ Trucks portal is correct, current and free from errors, Xcite™ does not warrant the accuracy or completeness of or the representations made on our website.
You are responsible for the use of the Xcite™ Trucks Portal and are responsible for assessing the accuracy of the material and rely on it at your own risk.
You must keep your username and password to access the Xcite™ Trucks website secure and confidential and not provide those details to any third party under any circumstance. Xcite™ has no access to your password. You therefore represent and warrant to Xcite™ that you accept all liability for any unauthorised use of any username or password issued to you.
All intellectual property in relation to content on this site belongs to Xcite™ or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property. All content on this site is protected by Australian and International copyright and other intellectual property laws. It also complies with the General Data Protection Regulation (GDRP).
You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
The Xcite™ logo is a registered trademark of DIY Designs PTY LTD or its related bodies corporate. Other trademarks may be displayed on this site from time to time. These may belong to third parties. Nothing displayed in this website should be construed as granting any license or right to use of any logo, trademark or masthead displayed on this site, without the express written permission of the relevant owner.
Use of Xcite Content
You may download and view or print a copy of content on this site for personal, non-commercial use provided you do not modify the content in anyway.
Except with the express written permission of Xcite™ you must not:
(1) copy, scrape, data-mine or otherwise appropriate content from the Xcite™ Trucks website (whether manually or by any automated process);
(2) publish, republish, transmit, display, or otherwise make available any content from the Xcite™ Trucks website (whether online or otherwise);
(3) use any content from the Xcite™ Trucks website in order to develop or promote any website, database or e-store;
(4) or use any content from the Xcite™ Trucks website in a way that otherwise violates any of the Terms and Conditions from this website, including but not limited to use in a way that would infringe the intellectual property rights of Xcite™ Advertising, any of its related entities, or any third party.
Xcite™ Advertising Australia may, in its absolute discretion, terminate your right to use the Xcite™ Trucks portal if it considers that you or any related party (including any company of which you are a director) have breached Terms and Conditions or otherwise acted in a way that is injurious to Xcite™ or any related entity.
Xcite™ also expressly reserves the right to take whatever other action it deems necessary to protect its interests or the interests of its related entities.
Liability and Indemnity
Xcite™ Advertising does not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified.
Xcite™ excludes all rights, remedies, conditions, and warranties in respect of goods or services from your use of the site whether based in statute, common law or otherwise to the extent permitted by the law.
Xcite™ does not provide warranty in relation to good or services advertised for sale on the Xcite™ Trucks website by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, sale for the purpose intended or proposed, as described by the seller or owned by the seller.
To the fullest extent possible:
(a) Xcite™ Advertising does not warrant the accuracy of the content on the site. The content is provided to you “as is” and on an “as available’ basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk.
(b) All content on the site may be changed at Xcite™ sole discretion and without notice.
(c) Xcite™ Advertising gives no guarantee of continued availability of any particular truck, vehicle or motor service advertised on the site and Xcite™ Advertising accepts no responsibility for any information regarding trucks, vehicles or motor services as they appear on the site.
(d) You acknowledge that Xcite™ Advertising has no control over the quality, safety or standard of trucks, vehicles or motor services advertised on this site or the truth or accuracy of the information contained on this site (including in the advertisements) and that any information provided on the site and any illustrations or photographs displayed on the site are solely for guidance and are not to be relied on.
(e) Further, Xcite™ Advertising Australia does not warrant that notices or advertisements will appear on the site according to instructions.
(f) Xcite™ Advertising does not warrant that functions contained in the site content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that Xcite™ Advertising or the server that makes it available, are free of viruses or bugs.
(g) Liability of Xcite™ Advertising Australia for any breach of a Term and Condition implied by the law is limited at Xcite™ Advertising discretion, to the supply of any service again or the payment for the cost of having any service supplied again.
(h) You indemnify Xcite™ and its affiliated companies, and each of their directors, officers, employees and agents against any direct or indirect damages, action, claim, loss or expense in contract, under statute or in tort (including negligence) which it incurs which arises from your use of the site.
Third Party Content and Links
Xcite™ Trucks website may include third party content which is subject to that third parties Terms and Conditions of use. Nothing on this site should be construed as granting any license or right for you to use that content.
This site may include links to third party sites which are not related to Xcite™ and in relation to which Xcite™ has no control or interest. The appearance of those links on this site does not indicate any relationship between Xcite™ and that third party or any endorsement by Xcite™ of that third party, its site or the products or services which it is advertising on this site.
When you submit content to Xcite™ Advertising in any format, including any text, photographs, graphics, video or audio, you grant Xcite™ a non-exclusive, royalty-free, perpetual license to publish that content. You agree that Xcite™ can use that content in anyway, now and in the future. Xcite™ also reserves the right not to use the content you submit.
You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory or illegal, that it does not infringe any law including but not limited to competition and consumer legislation, fair trading legislation, motor dealer legislation, privacy, confidentiality and intellectual property law that you have not impersonated any person or entity or falsely stated or otherwise misrepresented their affiliation with a person or entity or forged any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
You indemnify Xcite™ Advertising Australia against any and all legal fees, liabilities, damages and other expenses that may be incurred by Xcite™ as a result of a breach of the above warranty.
You waive any moral rights in your contribution for the purposes of its submission to and publication on the site.
You acknowledge that prices of trucks and vehicles provided on this site normally exclude government and statutory charges, unless otherwise stated. Payment calculators that may appear on the site are for indicative purposes only and do not necessarily reflect any interest rates or terms currently in the market.
Xcite™ may, at its discretion, refuse to pass on a lead to an advertiser if it believes the lead may infringe the rights of any person or may not comply with all or any laws and regulations.
You will not use the site for any purpose or in anyway which is unlawful. You are liable for the misuse of the Xcite™ Trucks site.
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of Australia and abides by the General Data Protection Regulation (GDPR).
Xcite™ 1300 Numbers
Xcite™ Trucks portal has made it easier for you to contact truck and vehicle dealers by introducing 1300 telephone numbers. Generally, local call charges apply to call to these 1300 numbers, however higher charges for calls from mobile phones may apply. Please contact your telephone service provider for more information on charges to 1300 telephone numbers.
Phone: 1300 789 737