Terms of Use

This site and our XRAI Vision®  platform including mobile versions on Apple and Android apps (sites) together with our social media platforms are operated by Agile 8 Pty Ltd trading as Agili8 (ABN: 68 626 656 657) (we, our or us). 

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These terms of use (Terms) apply to your use of, and access to, all sites owned and operated by Agili8. 

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1. Information and availability 

While we use reasonable attempts to ensure the accuracy and completeness of the content and  materials on the sites (Content), to the extent permitted by law (including the Australian Consumer Law),  we do not warrant the accuracy, completeness or suitability of any of the Content. The Content may be  subject to change without notice and we do not undertake to keep the sites up-to-date. The Content is not comprehensive and is for general information purposes only. We also do  not warrant that access to the sites will be uninterrupted, error-free or free from viruses.

 

2. Intellectual Property rights 

Unless otherwise indicated, we own or license the Content and all intellectual property rights (including  any copyright, registered or unregistered designs, illustrations, artwork, patents or trade mark or logo  rights and domain names) displayed or used on the sites (Our Intellectual Property). 

We authorise you to access and use the sites solely for your own personal use and to display, print and download the Content onto your personal device provided that you do not remove any copyright notice included in our Intellectual Property. 

Subject to the above, your use of, and access to, the sites and the Content does not grant or transfer to  you any rights, title or interest to Our Intellectual Property. Unless otherwise permitted in these Terms,  you must not: 

a) copy or use, in whole or in part, any of Our Intellectual Property; 

b) reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of  Our Intellectual Property; or 

c) breach any intellectual property rights connected with Our Intellectual Property, including altering  or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed  or embedded in another websites or platform, or creating derivative works from Our Intellectual  Property. 

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3.Using our content

You may post or repost Content in its original form on your social media page or blog, provided that: 

a) you acknowledge Agili8 is the rightful owner of the Content and our Intellectual Property; 

b) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by  us; 

c) you do not damage or take advantage of our reputation for your own purpose, including in a

manner that is illegal, unfair, misleading or deceptive; and 

d) you comply with all other terms of these Terms. 

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4.Conduct we don’t accept 

You must not do or attempt to do anything that is unlawful, which is prohibited by applicable law, which  we would consider inappropriate or which might bring us or the sites into disrepute. This includes: 

a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights; 

b) using the sites to defame, harass, threaten, menace or offend Agili8 or any person;

c) using the sites for unlawful purposes; 

d) interfering with any user of the sites; 

   e) tampering with or modifying the sites, knowingly transmitting viruses or other disabling features, or damaging or interfering with the sites, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with the sites; 

f) using our sites to send unsolicited SMS, emails or any other electronic messages; 

   g) using data mining, robots, screen scraping or similar data gathering and extraction tools on the sites;  or 

h) facilitating or assisting a third party to do any of the above acts. 

 

5. User Content 

Posting Content: We reserve the right to post user content such as customer testimonials on sites owned by Agili8 (User Content),  subject to our approval and these Terms. We reserve the right, at our sole discretion, to allow or prohibit  the posting and hosting of User Content on our sites. 

Licence to Use User Content: By posting User Content on our sites, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to use, reproduce,  distribute, display, and perform the User Content in connection with the sites and our (and our  successors' and affiliates') business, including without limitation for promoting and redistributing part or  all of the sites (and derivative works thereof) in any media formats and through any media channels. 

User Responsibilities: You are solely responsible for your User Content and the consequences of  posting or publishing it. You confirm that you own or have the necessary licences, rights, consents, and  permissions to publish the User Content you submit. 

Content Accuracy and Compliance: You agree that any User Content you provide does not and will not  breach any law or infringe the rights of any third party, including copyright, trademark, privacy, and data  protection laws. 

Removal Rights: We reserve the right to edit or remove any User Content at any time without prior  notice, for any reason, and without liability to you or any other party. This can include User Content that  we believe violates these Terms or our policies, or which we find otherwise objectionable or  inappropriate. 

No Obligation to Publish: We are not obligated to publish any User Content on our sites and can remove it in our discretion, without any notice. 

 

6.​Third party sites 

The sites may contain links to websites operated by third parties. Unless we tell you otherwise, we do  not control, endorse or approve, and are not responsible for, the content on those websites. We  recommend that you make your own investigations with respect to the suitability of those websites. If  you purchase goods or services from a third-party website linked from such sites, it is that third party providing the goods and services to you, not us. 

We may receive a benefit (which may include a referral fee or a commission) should you visit certain  third- party websites via a link on the sites (Affiliate Link) or for featuring certain products or services on  the sites. We will make it clear by notice to you which (if any) products or services we receive a benefit  to feature on the sites, or which (if any) third party links are Affiliate Links. 

 

7. Limited Liability

You may have certain rights under the Australian Consumer Law and you may contact us for more information about this. Despite anything to the contrary, to the maximum extent permitted by law (including the Australian Consumer Law), we exclude all liability for any loss or damage of any kind (including consequential loss, indirect loss, loss of profit, loss of benefit, loss of opportunity or loss of reputation) whether under statute, contract, equity, tort (including  negligence), indemnity or otherwise arising out of or in connection with the sites or the Content. 

 

8. Privacy 

We respect your privacy and understand protecting your personal information is important. Our Privacy  Policy sets out how we collect and handle your personal information. 
 

9. Discontinuation

We may, at any time and without notice, discontinue the sites (in whole or in part), or exclude any person  from using our sites. 
 

10. Governing law 

These Terms are governed by the laws of Western Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Western Australia and any courts entitled  to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

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