The terms and conditions below govern the relationship between Protosoft Pty Ltd (herein referred to as "The Company") and any user ("The User", "The Customer") of xreference.com.au ("The Website"). By accessing and using any part of The Website, The User agrees to be bound and abide by the terms and conditions in this section. In the event that The User does not agree to all or part of the terms and conditions described below, he/she shall not access or use The Website in any way. The User's agreement to be bound by these terms is acknowledged by his/her use of The Website which includes, but is not limited to visiting The Website, using its internal and external links for search of information, ordering any of The Company services, contacting The Company representatives, Support Services and/or any software made available to The User by The Company.

The Company reserves the right to modify or revise the Terms of Use by updating this section. The User is solely responsible for staying up to date with these conditions by visiting the Terms of Use section of The Website regularly and checking for any updates.

Copyright Notice

The content of this Website (including, but not limited to all included text, photographs, graphics, illustrations, video, sound, and other material) is copyright © 2020, Protosoft Pty Ltd. All rights reserved. Any content of The Website that is not the creation or product of the Company's employees is published for descriptive purpose only. Such content is a registered trademark of its respective owners, who have granted the right for its use either publicly or directly to The Company.

Privacy Policy

The Company's Privacy Policy is incorporated herein by reference and governs all collection, storage and usage of personal data. By accepting the terms and conditions in this section, the User expressly consents to the use and disclosure of his/her personally identifiable and other information as described in the Privacy Policy.

The Company Website Information Use

The User can use the information posted at The Company's Website for informational purpose only. The information at The Website cannot be used in any other way without a prior written consent from The Company. Third Parties Websites Use The Company has no liability or responsibility for the accuracy or suitability of content on a third party website that can be reached by using The Company website. The User's use of any content from a third party website, including but not limited to, information, downloadable files, etc. is at The User's own risk.

Linked Websites

The User may find links to other websites on the Company's Website. The published links are for informational purposes only. The Company does not control or endorse any information, products, or services offered at the linked websites. The User acknowledges that the access or use of any of the linked websites is at the User's own risk and the Company shall not be liable for any loss or damage arising thereof.

Disclaimer

The Company's services, all information contained in The Website and its contents are provided on an "as is" and "as available" basis. The Company does not provide warranties or representations of any kind. The Company disclaims all such representations and warranties, either express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose, or non infringement. The Company makes no warranties that The Website or its contents will be complete, accurate, uninterrupted, secure, or error free. All information on The Website is subject to change without notice.

Indemnification

The User agrees to indemnify and hold the Company harmless from and against any claims, losses, damages, liabilities, costs or expenses, attorneys' and courts' fees included, arising or related to the use of The Website or any violation of the terms and conditions, described herein.

Governing Law

The User agrees that this Agreement shall be governed in all respects by the laws and courts of the Australia. The User agrees that any claim or dispute The User may have against xreference.com.au must be resolved by a court located in Australia without reference to any governing law rules that would result in the application of the substantive law of any other jurisdiction; The User hereby waives all rights to any kind of legal actions in any other court and/or under any other law except those of Australia; The User agrees to submit to the personal jurisdiction of the courts located within Australia for the purpose of litigating all such claims or disputes. In any legal action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. These Terms are effective unless and until terminated by the Company.

Payment Subscriptions & Billing Agreements

By engaging with Xreference services, you agree to our clear and equitable subscription approach. Your transactions are securely processed through the Stripe portal, ensuring the highest level of transaction security. It's important to note that we never have access to or store any card information.

Our subscription model is intentionally designed for transparency and user control. There's no auto-renewal option. We want our customers to actively choose to continue their subscription each month or year, preventing any unintended charges for unused services. We do not provide refunds as we offer a generous 30-day free trial, allowing ample time to explore and assess the value of our services before committing. This aligns with our commitment to fairness and transparency.

We appreciate your participation in Xreference, and we value your understanding of our payment policies.

Xreference Usage Guidelines

1. Compliance with Laws and Regulations

Customers agree to use Xreference services in compliance with all applicable local, state, national, and international laws and regulations.

2. Responsible Use of the Service

Customers are prohibited from engaging in activities that:

Infringe on intellectual property rights or violate any laws.

Constitute unauthorized advertising, spamming, or imposing an undue burden on Xreference infrastructure.

Introduce malicious software or attempt to gain unauthorized access.

Impersonate individuals or interfere with the proper functioning of the service.

Customers shall not:

Use automated means without express written permission.

Interfere with the service's proper functioning.

Modify, reverse engineer, or transfer any rights without permission.

Harvest information for unauthorized purposes.

Protosoft Pty Ltd reserves the right to remove any content or terminate access for conduct violating these terms.

Data Deletion Policy

Customers acknowledge that, for inactive accounts, including trial accounts, data may be subject to deletion at our discretion. We value our customers and, in the case of inactive accounts, we will make reasonable efforts to reach out and communicate regarding the potential deletion of data.

For standard accounts, failure to respond to our communication after a period of over 365 days may result in data deletion. This communication is intended to provide customers with an opportunity to request an extension or inform us of their decision to discontinue the service.

For trial accounts, abandoned accounts may be subject to data deletion at our discretion.

This policy ensures transparency and provides customers with an opportunity to maintain their account or inform us of their intentions.

Termination

The company reserves the right, in its sole discretion, to accept or reject any current member or any membership application for any reason, or for no reason, whatsoever.

Last update: September 2023