Terms & Conditions

OVERVIEW

This website is operated by M.A ABBOUD & M GAZILAS (ABN: 84 975 008 262) trading as XpertStart. Throughout the site, the terms "we", "us" and "our" refer to XpertStart. XpertStart offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Our website is hosted on Webflow Inc. They provide us with the online platform that allows us to showcase and sell our products and services to you.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve:

- Transmissions over various networks
- Changes to conform and adapt to technical requirements of connecting networks or devices

Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission by us.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current.
The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

Any reliance on the material on this site is at your own risk.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right to:

- Limit the sales of our products or Services to any person, geographic region or jurisdiction
- Limit the quantities of any products or services that we offer
- Change product descriptions, pricing, and availability at any time without notice

SECTION 6 - BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household, or per order.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information to ensure we can complete your transactions and contact you as needed.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we have no control.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties. We shall have no liability for your use of optional third-party tools.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services may include materials from third-parties.

We are not responsible for examining or evaluating third-party content, and we do not warrant or have any liability for third-party materials, websites, products, or services.

SECTION 9 - USER SUBMISSIONS

If you send us submissions or creative ideas, you agree that we may use them without restriction and without any obligation to compensate you.

We may monitor, edit, or remove content we determine to be unlawful or objectionable.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information is governed by our Privacy Policy.

SECTION 11 - ERRORS AND INACCURACIES

We reserve the right to correct any errors, inaccuracies, or omissions in the Service, and to change or update information without prior notice.

SECTION 12 - PROHIBITED USES

You are prohibited from using the site for:

- Unlawful purposes
- Violating regulations, rules, or laws
- Infringing intellectual property rights
- Harassing or discriminating against others
- Submitting false information
- Uploading viruses or malicious code
- Collecting personal information of others
- Spamming or interfering with site security

SECTION 13 - DISCLAIMER OF WARRANTIES

We do not guarantee that the service will be:

- Uninterrupted
- Timely- Secure
- Error-free

The service is provided "as is" and "as available" without any representations or warranties.

SECTION 14 - LIMITATION OF LIABILITY

In no case shall XpertStart be liable for any:

- Direct or indirect damages
- Lost profits
- Lost revenue
- Replacement costs
- Consequential losses arising from the use of our services

SECTION 15 - INDEMNIFICATION

You agree to indemnify and hold harmless XpertStart from any claims arising from your breach of these Terms of Service.

SECTION 16 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - FORCE MAJEURE

If a Force Majeure event causing delay continues for more than Thirty (30) Days, we may terminate this Agreement by giving at least Seven (7) Days Notice to you. "Force Majeure" means any act, circumstance or omission over which we could not reasonably have exercised control.

SECTION 18 - THIRD PARTIES

XpertStart may at its discretion use other third parties to provide essential services on our site or for our business processes. We may share your details as necessary for the third party to provide that service. These third parties are prohibited from using your personally identifiable information for any other purpose.

SECTION 19 - TERMINATION

These Terms of Service are effective unless terminated by either party.We may terminate this agreement if we believe you have failed to comply with these terms.

SECTION 20 - ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement between you and XpertStart.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia, with exclusive jurisdiction in the courts of Sydney.

SECTION 22 - CHANGES TO TERMS OF SERVICE

We reserve the right to update these Terms of Service at any time. Your continued use of the website constitutes acceptance of any changes.