Legals

Legals

XerSolutions Website Terms and Conditions of Use

1. About the Website

Welcome to www.xertransfer.com (“Website”).

The Website is owned and operated by XerSolutions Pty Ltd (ACN 631 605 868) (“XerSolutions”). From time to time, XerSolutions works in collaboration with Leprechaun Software Pty Ltd. Thank you for using XerSolutions products and services.

XerSolutions supplies apps and plugins under licence through various platforms including Microsoft Corporation (“Microsoft”) and Oracle Corporation (“Oracle”) (our “Software”). We are not affiliated, associated, authorised, endorsed or in any way officially connected to Microsoft or Oracle.

Please read the Terms carefully as they govern your access to and use of our Website. By using the Website, you agree that you are bound by these Terms.

These Terms may be updated by us at any time, and by continuing to use the Website, you accept the Terms as they apply from time to time. Any changes to the Terms take immediate effect from the date of their publication on our Website.

2. Who may use our Website

As a condition of your use of our Website you warrant that:

(a) you are a person authorised to enter into a legally binding contract if you are purchasing our Software;

(b) all relevant consents have been obtained to purchase and use our Software.

We retain the right in our sole discretion to deny anyone access to this Website or our Software if you do not comply with our Terms.

3. Acceptance of the Terms

You accept the Terms by remaining on the Website. A contract comes into existence when XerSolutions accepts your order for the Software which is governed by our Licence Terms and Privacy Policy. By registering for a login account (Account) on our Website, you will be required to accept our Licence Terms and Privacy Policy by clicking the “Create Account” button. By clicking the “Create Account” button you agree to our Terms and our Privacy Policy which gives you notice through the User interface as follows:

By Joining, you agree that you’ve read and accept our Terms and Conditions and you consent to our Privacy Policy.

4. Purchase of Software

You agree to the payment of the purchase price listed on the Website for the Software from time to time (the “Licence Fee”). The Licence Fee is in United States Dollar (USD). Fees may be converted to your local currency at the time of your order of the Software. We will be entitled to add on GST for any supply in Australia. Payment of the Licence Fee for our Software may be made through the WooCommerce platform (‘Payment Processing Service’). In using the Payment Processing Service, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Processing Service, including the relevant fees and charges applied by the Payment Processing Service for online payment gateway services.

5. Representations and Warranties

All information provided by us on this Website pursuant to these Terms is provided in good faith. You accept that any information provided by us is general information only. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update, change, modify, add or remove these Terms at any time. We do not warrant that product or services descriptions or other content on this Website is accurate, complete, reliable, current, or error-free. In addition, we do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to the information, products or services on our Website will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you on our Website or pursuant to our information service. It shall be your own responsibility to ensure that any products or services or information offered through this Website meets your specific requirements.

6. Your use of the Website

You must not engage in potentially harmful acts that are directed against our Website. You must not attempt to gain unauthorised access to any portion or feature of the Website or any other systems or networks connected to the Website. You must not scan or test the Website by hacking, password mining or any other illegitimate actions attempting to violate any security features of the Website. You must not use software, scripts, robots, spiders, viruses, worms, Trojan horses or other harmful code on our Website or network. You agree not to use any device or software to interfere with the functionality of our Website. You must not scrape, robot or use spiders to copy any portion of the Website or the content contained within it.

7. Limitation of Liability

To the maximum extent permissible at law, we are not liable for any indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, any claims or losses for loss of use, data or profits, arising out of or in any way connected with your use of the Website or the provision of or failure to provide any products or services. We expressly exclude liability for any inaccuracies or errors on this Website to the extent permitted by law. These Terms are to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible we limit our liability at our option as follows:

(a) for any claims relating to our services to the fees payable under a relevant agreement or other supply arrangement for the preceding one (1) month;
(b) in the case of products including any digital products (i) the replacement of the products or the supply of equivalent products; (ii) the repair of the products; (iii) the payment of the cost of replacing the products or of acquiring equivalent products or (d) the payment of having the products repaired;
(c) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.

This clause survives the termination or expiry of these Terms for whatever reason.

8. Our Copyright and Intellectual Property

The intellectual property rights in or related to the Software or any of its documentation vest in XerSolutions or XerSolutions has the right to use the intellectual property rights.

The Website and all of the related products and services of XerSolutions are subject to copyright protection. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled by XerSolutions or its contributors. You may not, without the prior written permission of XerSolutions and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content for any purpose. XerSolutions retains all rights, title and interest in and to the Website and all related Content and our Software. The Website or any part of it (including, without limitation, any content or images) must not be copied, reproduced, adapted, publicly displayed, duplicated, translated or distributed in any way (including mirroring) to any other device, server, site or other medium for publication or distribution, without our express prior written consent.
The intellectual property in our Software including any trade marks, service marks, trade names and any other proprietary designations are owned, registered or licensed by us. Any other trade marks, service marks, logos, trade names and any other proprietary designations are the trade marks or property of the respective parties. Your obligations under this clause survive termination or expiry of these Terms.

9. Refund Policy

Except as required by law, the Licence Fee paid by you is final and non-refundable. Refunds are made in our discretion subject to any guarantees that cannot be excluded under the Australian Consumer Law.

10. Privacy

In these Terms, personal information has the meaning as defined in the Privacy Laws. Privacy Laws means the Privacy Act 1988 (Cth). Please refer to our Privacy Policy which is made a part of these Terms. You accept that by providing us your personal information, we will deal with such personal information as set out in our Privacy Policy.

11. General Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of this Website. This exclusion includes without limitation:

(a) the completeness, truth, suitability, quality or accuracy of the information or product and service descriptions published on our Website (including third-party material and advertisements);
(b) that the information on the Website is up to date; or
(c) any product or service or the Website will remain available.

We take responsibility for any error or omission relating to the material published on this Website. You expressly understand and agree that we, our affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability by any information on the Website and any decisions based on such information are your sole responsibility.

12. Limitation of Liability

You expressly understand and agree that XerSolutions, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss. You accept that we take no responsibility for any error or omission relating to the content on the Website.

13. Indemnity

You agree to indemnify XerSolutions, its affiliates, employees, agents, contributors, third party content providers and licensors from and against any breach by you of these Terms.

14. Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

15. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.

16. Waiver

The failure of XerSolutions to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Force Majeure

We accept no liability for any delay or failure to perform our obligations under these Terms if such a delay or failure is due to circumstances beyond our reasonable control.

18. Trade Marks

The trade marks used on the Website are a trade mark or registered trade mark of XerSolutions or licensed by XerSolutions (the ‘Trade Marks’). You must not use the Trade Marks: (a) in or as the whole or part of your own trademarks; (b) in connection with any business, products or services which are not ours; (c) in a manner which may be confusing, misleading or deceptive to any person; or (d) in a manner that disparages us or the Website.

19. Advertising and Links

The Website may contain links and other pointers to Internet websites or applications operated by third parties. We do not control these linked websites and are not responsible for the contents of any linked website. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the site or the products or services provided at those sites. Your access to any such website is entirely at your own risk. You should contact the relevant third-party directly to enquire on that information prior to entering into a transaction in relation to the third-party products and services.

20. Our Details

This Website is owned and operated by XerSolutions Pty Ltd (ACN 631 605 868).

You can contact us by email at admin@xertransfer.com.

© 2019 XerSolutions. All Rights Reserved.

Terms last updated 4 July 2019.

XerTransfer Privacy Policy

1. About

Welcome to www.xertransfer.com (“Website”).

The Website is owned and operated by XerSolutions Pty Ltd (ACN 631 605 868) (“XerSolutions”). From time to time, XerSolutions works in collaboration with Leprechaun Software Pty Ltd.

In this Privacy Policy, “we”, “our,” or “XerSolutions” or “us” means XerSolutions Pty Ltd. Any reference to “you” or “your” means you, as a user (“User”) of our products and services.

XerSolutions supplies apps and plugins under licence through various platforms including Microsoft Corporation (“Microsoft”) and Oracle Corporation (“Oracle”) (our “Software”). We are not affiliated, associated, authorised, endorsed or in any way officially connected to Microsoft or Oracle.

Protecting your personal information is very important to us. When you share your personal information with us, we treat it with care and take our responsibility to protect it seriously. We only use or disclose your personal information for the purpose for which it was collected.

We adhere to the Australian Privacy Principles contained under the Australian Privacy Principles (“APPs”) in the Privacy Act 1988 (Cth), the Privacy Amendment (Notifiable Data Breaches) Act 2017 (“NDB”) (collectively “Privacy Laws”) and the EU General Data Protection Regulation (“GDPR”).

This Privacy Policy will give you an understanding of:

(a) the types of personal information we collect;
(b) how and when we collect, use, store, disclose and otherwise handle personal information;
(c) the purposes for which we collect, use, and disclose personal information;
(d) how you may access your personal information;
(e) how to update your personal information;
(f) how you can make a complaint and how we deal with any such complaint; and
(g) how to contact us.

By using our Software, you consent to the collection and use of your data through your use of our Software as described in this Privacy Policy. If you do not accept our Privacy Policy, please do not access or use our Software.

We may update this Privacy Policy from time to time to reflect changes in how we handle Personal Information and to reflect any changes to the Privacy Laws and GDPR. Updates to this Privacy Policy will be effective upon posting to the Website.

2. The meaning of Personal Information

Personal information means information about an individual whose identity is apparent or can reasonably be ascertained from that information (“Personal Information”).

3. Purposes

Please read this Privacy Policy carefully as it sets out how we collect, store, use and safeguard your Personal Information in relation to the products and services that we offer on our Website in compliance with the Privacy Laws and the GDPR.

4. Acceptance

When you access or use our Website, we may automatically receive, collect, and record Personal Information about you through the Website directly when you:

(a) trial our Software;
(b) purchase any of our Software; or
(c) register an interest in any of our Software releases

The Personal Information we collect from you is so that we can supply you with our products and services.

By registering for a login account (Account) on our Website, you will be required to accept our Terms and Privacy Policy by clicking the “Create Account” button. By clicking the “Create Account” button you agree to our Terms and our Privacy Policy which gives you notice through the User interface as follows:

By Joining, you agree that you’ve read and accept our Terms and Conditions and you consent to our Privacy Policy.

5. What Personal Information is collected?

The Personal Information we collect from you may include:

(a) name, title and position
(b) business details
(c) address (town/city, state, post code, country)
(d) phone (mobile/home)
(e) email
(f) payment data
(g) student data
(h) marketing information including social media networks, and
(i) any other information as specified in the Account interface.

(“Account”)

Our legal basis for collecting your Personal Information is based on your consent. We will not collect your Personal Information without your consent except where the collection is required or authorised by law.

You may withdraw your consent at any time by deleting your Account but the withdrawal of your consent will not affect the lawfulness of processing your Personal Information based on consent before its withdrawal.

We may collect additional information from you at other times, including but not limited to, when you provide marketing information (including Software purchased, amounts and payment data), when you provide feedback, when you change your Account or email preference, and when you respond to our surveys and/or promotions, or communicate with our customer support.

When we collect your Personal Information for marketing purposes, it will be in circumstances where you would reasonably expect the data to be used for marketing purposes, and we will always give you a means to “opt out” of any marketing communications.

You also have the option of not providing your Personal Information to us. If you choose to withhold your Personal Information, it may not be possible for us to provide you with our Software or services or for you to access certain parts of our Website or for us to respond to your query.

You are entirely responsible for the security of your User name and password (“Login Details”) It is important that you keep your Account and Login Details secure. You must not give your Login Details to any other person. You must notify us immediately if you are aware, or believe, that someone other than yourself has access to your Account.

You should also take measures, such as changing your Login Details regularly, so that your Account is secure.

6. How we collect your Personal Information

XerSolutions collects Personal Information from you in a variety of ways, including when you interact with us electronically or in person, through customer support on the phone, when we supply our Software and services to you, through surveys, when you access our Website or complete online Website forms to trial or purchase our Software and when you register an interest in our upcoming Software releases.

You may provide Personal Information to us directly or you may supply it to us digitally when you use our Website or purchase our Software.

We may also receive Personal Information from third parties in connection with the supply of our Software and services. If we do, we will protect your Personal Information in accordance with this Privacy Policy.

7. How we use your Personal Information

We may use the Personal Information collected from you to supply you with our Software and for ongoing sales and support.

You consent to us using your Personal Information to validate you as the purchaser of a product key for our Software. We also use this information to validate you when you trial our Software.

If you choose to withhold your Personal Information, it may not be possible for us to provide you with our Software.

We use your Personal Information for marketing purposes to make you aware of new products, services and opportunities available to you.

We may contact you by a variety of measures including, but not limited to telephone, email, SMS, mail or social media sites.

We may send you Website-related emails, mobile-phone push notifications and messages. You can opt out of our mailing list if you choose the ‘unsubscribe’ service provided by us in every communication.

8. Disclosure of your Personal Information and Third Parties with access to it

We may share your Personal Information or disclose your Personal Information to any of our vendors, service providers, employees, officers, insurers, professional advisers, agents, suppliers, third-party service providers or subcontractors insofar as reasonably necessary for the purposes set out in this Privacy Policy.

We may from time to time need to disclose Personal Information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.

If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our User databases, together with any Personal Information and non-Personal Information contained in those databases. This information may be disclosed to a potential purchaser under an agreement that maintains confidentiality.

9. Legal basis in the European Union (EU) for the collection and processing of your Personal Data

“Personal Data” in the GDPR refers to any information relating to an identifiable natural person who can be identified directly or indirectly (‘Data Subject’).

The GDPR applies to the data processing activities of businesses with an establishment in the EU or where the processing activities relate to offering goods or services to individuals in the EU or monitor the behavior of individuals in the EU.

If you are an individual residing in the EU, we may collect and process Personal Data about you in accordance with the GDPR.

A “Controller” says how and why personal data is processed and a “Processor” acts on behalf of the Controller by processing the data. When you purchase our Software, we process Personal Data on your behalf as a Controller and otherwise to the extent that we are a Processor as defined in the GDPR.

The legal basis we rely on to collect and process your Personal Data is based on the following:

(a) Contractual basis. This legal basis applies to the collection or processing of Personal Data in order to fulfil or perform a contract with you, or to which you are a party.

(b) Consensual basis. This applies where you have provided your consent to the collection or processing of Personal Data for a specific purpose.

(c) Legitimate interests. This applies where we have a legitimate interest to collect or process your Personal Data. For example, it may be to respond to an enquiry about our Services.

(d) Legal obligations. This applies where it is necessary to disclose your Personal Data to comply with a legal obligation.

In the event of a Personal Data breach including any breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data transmitted, stored or processed, we will report the breach to you (where we are required to do so under the GDPR) without undue delay after becoming aware of the breach, and not later than 72 hours after the breach giving you a description of the nature of the breach.

10. The Personal Data rights of individuals under the GDPR

If you are an individual residing in the EU, you have certain rights as to how your Personal Data is being controlled and used.

We comply with your rights under the GDPR (subject to the grounds set out in the GDPR) that permit you:

(a) to be informed as to how your Personal Data is being used;

(b) to access your Personal Data and to know specifically what information is held about you and how it is processed, where and for what purpose (we will provide you a copy of your Personal Data in electronic format free of charge if requested);

(c) to rectify your Personal Data if it is inaccurate or incomplete;

(d) to erase your Personal Data (also known as ‘the right to be forgotten’) if you wish to delete or remove your Personal Data;

(e) to restrict processing of your Personal Data;

(f) to retain and reuse your Personal Data for your own purposes (Personal Data portability);

(g) to object to your Personal Data being used; and

(h) to object against automated decision making and profiling.

You can contact us any time to exercise your rights under the GDPR including as to:

(a) request access to Personal Data that we hold about you;

(b) to correct any Personal Data that we hold about you;

(c) delete Personal Data that we hold about you; or

(d) opt out of emails, marketing, and any other push notifications that you receive from us.

We may ask you to verify your identity before acting on any of your requests.

11. Security of your Personal Data

We are committed to ensuring that the data you provide to us is secure.

To prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, such as encryption of Personal Data, to safeguard and secure data and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

12. Access to and how you can control your Personal Data

You may request details of Personal Data that we hold about you. If you would like a copy of your Personal Data or believe that your Personal Data is inaccurate, out of date, incomplete, irrelevant, please contact us at our contact details below.

13. Data Ownership

As a User of the Website, you own all right, title and interest in the Personal Data that you provide to us (your “Data”). You are solely responsible for the accuracy, quality, legality, integrity, reliability and appropriateness of your Data.

You grant to us a perpetual, worldwide, exclusive, fully paid-up and royalty-free, unlimited, revocable, sub-licensable and transferable licence whilst you are a User of the Website to use, copy, transmit and store your Data in accordance with this Privacy Policy and, where applicable, our Terms.

We and any related entities own all right, title and interest in any data or information that we create, generate, compile, derive, or produce in connection with our Website or the supply of our Software, including data and information that is:

(a) aggregate or raw or statistical data relating to usage, analytics and results of the Website and our supply of Software including purchase, trial and registration to the Software;
(b) for the purpose of optimising delivery, commercialisation and performance of our Website; and
(c) samples and prototypes, conclusions, techniques, know how, methods, and undocumented findings generated in the usual course of our business.

14. Use of cookies and similar technologies

When you use, or access our Website or any third-party platform, including third party service providers, such as Google Analytics, PayPal Inc., WooCommerce or other third-party advertising and links, there may be cookies and similar technologies that store log files to collect information about your use of the Website.

Cookies are small text files (often including a unique identifier) that can be stored on your computer, tablet or mobile device when you visit a website. A cookie stores a small amount of data on your device about your visit to a website.

These small files contain information about your browsing activity. Cookies are also used to identify you when you come back to the Website and store details about your use of the Website. They are widely used to make websites work more efficiently, to improve User experience and also to provide information to website operators.

In addition, cookies can be used to analyse traffic and may be used to serve relevant ads to Website visitors through third party services such as Google AdWords.

To understand more about cookies and how they are set, visit www.aboutcookies.org or www.allaboutcookies.org.

We may use the following cookies to help the functioning of the Website and to improve User experience:

(a) Strictly necessary cookies: These cookies are necessary for the functioning of the Website and help to improve the efficiency of the Website for Users.

(b) Analytical/performance cookies: These cookies monitor your use of the Website. For example, they collect information about website traffic and use, unique users, unique sessions and store information about users’ sessions and website campaigns.

(c) Targeting/advertising cookies: These cookies help us to provide useful and more targeted advertising.

(d) Preference cookies: These cookies help us to identify Users, so that we remember your preferences on the Website.

We may also use web beacons, action tags, and tracking devices to provide analytical and User data that can help us monitor usage and improve the Website.

Non-personal information is information about you or your activities which cannot be used to personally identify you. We may collect non-personal information through your browser, through text files (cookies), applications (e.g. mobile applications), and your IP address. We use non-personal information to compile statistical information about the use of our Websites (or for maintenance purposes) which may include (but is not limited to) recording your server address, your top-level domain name, the date and time of your visit to the Websites, the pages you accessed and downloaded, the previous site you visited and the types of browser you are using.

You may accept or refuse cookies from our Website or any other website by managing the settings on your browser. You can opt-out from accepting our cookies by editing your browser options, but certain features of our Website will not function if you disable cookies. You can find out how to manage and opt-out from cookies on popular browsers by visiting the specific browser developer’s website.

Any third-party advertisements and links that are provided to you on the Website may also use cookies and other similar technologies to gather your information. When you leave the Website to visit a link or advertisement provided to you via the Website, any information you provide to such advertisements or links, whether voluntarily or involuntarily, will not be governed by this Privacy Policy. You should visit the relevant third-party privacy policy to find out how they use your information.

15. Third-Party Analytics Tools and Third-Party Remarketing Tools 

We use technologies and third-party services that may use cookies, pixels, tags and web beacons (code snippets) on our Website to customise content and advertising, to provide social media features and to analyse traffic to the Website, including about how you use and interact with our Website or when you open or access emails.
We also share information about your use of the Website with our trusted social media, advertising and analytics partners. 

Analytics Tools

We use third-party analytics tools to:
(a) analyse usage trends on the Websites including the tracking and reporting of website traffic, ad conversion tracking, traffic analysis and marketing optimisation

(b) collect this data in aggregate form so that it cannot identify any particular individual User. 

Google

Google Analytics (Google Inc.)
Google AdWords conversion tracking (Google Inc.)
Google Tag Manager (Google Inc.)
We may link or combine the information we receive from these tools with information you submit to us, in which case we will treat that information as Personal Information.
We are not responsible for the accuracy of the information provided by third parties or how such third parties collect, use, and share such information.

Facebook

Facebook Ads conversion tracking (Facebook, Inc.)

Information about Facebooks Ad conversion tracking can be located at Facebook’s Terms for Conversion Tracking located at the following website address:

https://developers.facebook.com/docs/facebook-pixel/implementation/conversion-tracking/

Remarketing Tools

We may use third-party remarketing tools to position targeted ads to visitors that have already visited our Websites or to advertise to our customers that we already have an existing relationship with in accordance with Facebook’s terms which are located at Facebook’s Terms for Custom Audiences from your Website located at the following website address:

https://www.facebook.com/legal/terms/customaudience
We may use our email database to create Custom Audiences on social media and online platforms such as Facebook, LinkedIn, Instagram to find new customers and promote our campaigns.
These third-party remarketing tools might include but are not limited to:
AdWords Remarketing (Google Inc.)
Facebook Custom Audience (Facebook, Inc.)
Facebook Remarketing (Facebook, Inc.)

We reserve our rights to change, modify, add or remove any third-party analytics tools and third-party remarketing tools. By using our Website, you consent to the processing of any non-personal Information these tools will collect in the way and for the purposes described above.

Geoanalytics

Geodata refers to any dataset where data points include a location or digital geographical data. We may use a geographic information system (“GIS”) digitally to gather, manage and analyse the location data of visitors to our Website.

16. Security

We are committed to ensuring that the Personal Information you provide to us is secure. We have taken reasonable steps to ensure the security of your Personal Information.

We employ appropriate technical, administrative and physical procedures to protect Personal Information from misuse, interference and loss, unauthorised disclosure or alteration.

These measures include where appropriate or required by law, computer safeguards and secured, Internet firewalls, intrusion detection, anti-virus protection, network monitoring and Transport Layer Security (“TLS”) or similarly encrypted browsers.

While we take precautions against possible security breaches of our Website and servers, no Website or Internet transmission can be guaranteed to be totally secure.

You acknowledge that we are not responsible for the privacy or security practices of any third-party (including third parties that we are permitted to disclose your Personal Information to in accordance with this Privacy Policy or any applicable laws). The collection and use of your information by such third parties may be subject to separate privacy and security policies.

You also acknowledge that the security of communications sent by electronic means or by post cannot be guaranteed. You provide information to us via the Internet or by post at your own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to your Personal Information where the security of information is not within our control.

17. Notifiable Data Breach

The security of your data is important to us but remember no method of transmission over the Internet is 100% private and secure. We do not guarantee or warrant the absolute privacy or security of any data we collect from or about you.

The Internet is an insecure medium and Users should be aware that there are inherent risks transmitting information across the Internet. Information submitted unencrypted via electronic mail or web forms may be at risk of being intercepted, read or modified.

A reportable “Data Breach” is a security incident where the integrity of Personal Information is compromised through being destroyed, lost, altered, corrupted, disclosed or accessed by an unauthorised person where it is likely to result in serious harm to any individual affected.

We have procedures and systems in place including a data breach incident response plan, specific data breach policies and procedures and personnel to deal with an actual or suspected “Data Breach” and will notify you and the applicable regulator in accordance with our obligations under the Privacy Laws and NDB.

Please report to XerSolutions any actual or suspected data breaches for investigation by using the contact details provided below.

18. Disclaimer and Limitation of Liability

Your use of our Website is at your own risk. The Website is provided on an “as is” basis.

We will take all reasonable steps to keep your Personal Information secure but to the maximum extent permitted by law, we exclude all liability for the consequences of any unauthorised access to your Personal Information. This includes (but is not limited to) loss or damage you might suffer because of any of the following:

(a) reliance on the completeness, accuracy, suitability or currency of the Website (including third-party material and advertisements);

(a) failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) accessing any sites or servers maintained by other organisations through links on the Website or any communication from the Website. Links are provided for the convenience of users of the Website only and without responsibility for the content or operation of those sites (unless otherwise stated, linked sites and the services are not endorsed by us and your linking to any such site is at your own risk);

(c) the provision of financial information, the failure to complete (or delay in completing) any transaction, or other loss or damage arising from any e-commerce transacted or attempted to be transacted on the Website.

We do not warrant that the Website will be uninterrupted or free from error or that any defects on the Website will be corrected or that the Website or servers are free of viruses or other harmful conditions or components.

To the extent permitted by law, we disclaim liability, whether based in contract, tort, negligence, strict liability or otherwise, for damages of any kind (including, but not limited to indirect, incidental, consequential, special, punitive or exemplary damages) in any way arising from the functionality, operation or the information provided by the Website including but not limited to damages arising from interruptions of service or delays in operation or transmission even if we are expressly advised of the possibility of such damages.

19. Access to and how you can control your Personal Information

You may request details of Personal Information that we hold about you in accordance with the provisions of the Privacy Laws. We give you access to your Personal Information for the purpose of correcting any Personal Information that is inaccurate, incomplete or not up to date.

Please update your records and your Account via the Website. If you would like a copy of your data or believe that your data is inaccurate, out of date, incomplete, irrelevant, please contact us using the contact details provided below.

Please be aware that you may need to provide proof of identity before we can change your records or update your details. We may refuse to provide you with certain information where permitted or required by law.

We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth).

20. Opting-Out

If we use your Personal Information to market and promote our Software, you may notify us at any time that you do not wish to receive marketing or promotional material by contacting us directly or through the “unsubscribe” mechanism in our marketing or promotional emails.

21. Law and Jurisdiction

This Privacy Policy is governed by and construed in accordance with Australian law. You irrevocably submit to the jurisdiction of the Courts of Queensland and any court that may hear appeals from any of those courts for determining any dispute concerning this Privacy Policy and waive any right you may have to claim that those courts are an inconvenient forum.

22. Complaints

If you think we have breached the Privacy Laws or GDPR or wish to make a complaint about the way we have handled your Personal Information or other information connected to your Account or if you have any questions or concerns about our collection, use or disclosure of your Personal Information, please contact us using our details provided below.

23. Contact Us

You can contact us by email at admin@xertransfer.com.

© 2019 XerSolutions Pty Ltd. ALL RIGHTS RESERVED.

Privacy Policy last updated 4 July 2019.

XerSolutions Subscription Terms

1. About XerSolutions

Welcome to www.xertransfer.com (“Website”).

The Website is owned and operated by XerSolutions Pty Ltd (ACN 631 605 868) (“XerSolutions”). From time to time, XerSolutions works in collaboration with Leprechaun Software Pty Ltd. 

XerSolutions supplies Software and plugins under licence through various platforms including Microsoft Corporation (“Microsoft”) and Oracle Corporation (“Oracle”) (our “Software”). We are not affiliated, associated, authorised, endorsed or in any way officially connected to Microsoft or Oracle.

Your use of and access to the Software including a free trial is governed by these terms of use (‘Terms’) including our Privacy Policy, which are incorporated into these Terms.

Please read our Terms and Privacy Policy carefully before using the Software as these create a binding contract between you and XerSolutions.

If you do not accept these Terms, please do not access or use our Software.

We may update these Terms from time to time. Any changes to these Terms will be effective upon posting and operate as a condition of your continued use of our Software.

Any reference herein to “XerSolutions”, “we”, “our”, or “us” means XerSolutions Pty Ltd (ACN 632 419 277) (‘XerSolutions’). Any reference to “you” or “your” or “User” means you, as a user of the Software.

2. Acceptance

By registering for a login account (Account) on our Website, you will be required to accept our Terms and Privacy Policy by clicking the “Create Account” button. By clicking the “Create Account” button you agree to our Terms and our Privacy Policy which gives you notice through the User interface as follows:

By Joining, you agree that you’ve read and accept our Terms and Conditions and you consent to our Privacy Policy.

3. Licence Grant and Restrictions

The Software which includes a help file is available on our Website to trial, purchase, download and install on a single computer only under a single user licence. Please refer to the FAQs, tutorials and user guide pages (“Specifications”) that are published on our Website and updated from time to time.

User is granted a free trial of the Software, for a period of time or number of uses as may be described during the installation of the software. At the end of the Trial, User will be prompted to pay the licence fee advertised on our Website for continued access to the Software.

Subject to your compliance with our Terms and our Privacy Policy during the free trial and for the term of the licence, XerSolutions grants Users a worldwide, limited, non-exclusive, non-sub-licensable, non-transferable licence to use the Software.

Multi-user, corporate or enterprise licences to use our Software on multiple computers can only be purchased directly from us. Please contact our support team at the contact details below to purchase a multi-user or corporate user licence.

These rights are personal to you, non-transferable and limited by and subject to these Terms. Users shall have no right to distribute, reproduce, sell, supply, modify, copy or sub-license the Software or make available the Software to any third-party to commercialise.

Users agree to:

(a) only use the Software for the purpose for which it was created;

(b) not reverse engineer, disassemble, or decompile the Software, create derivative works based on the Software, or otherwise attempt to gain access to the Software method of operation or source code;

(c) not introduce any virus, worms, logic bombs or other malicious software or technically harmful data or otherwise attempt to or modify or interfere with the Software;

(d) not remove, disable, modify, add to or tamper with any program code or data, copyright, trade mark or other proprietary notices contained on the Software.

4. Licence Fee

Payment of the Licence Fee for our Software may be made through the WooCommerce platform (‘Payment Processing Service’). User will be sent a product key to activate access to the Software. User will be prompted to pay the licence fee advertised on our Website at the end of the Trial Period to enable continued access to the Software. The licence granted to User is exclusive to that User and to the single machine on which the software is first installed. In using the Payment Processing Service, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Processing Service, including the relevant fees and charges applied by the Payment Processing Service for online payment gateway services.

5. Limitations and Restrictions

User agrees that:

(a) User must not share the license, or any part of the Software;

(b) User must not reverse engineer, disassemble, or decompile the Software, create derivative works based on the Software, or otherwise attempt to gain access to its method of operation or source code;

(c) User must not permit the use, copying or installation of the Software on more than one computer or for multiple persons unless XerSolutions has licensed a multi-user, corporate or enterprise licence to User;

(d) User must not use the Software in any way that could damage the reputation of XerSolutions or the goodwill or other rights associated with the Software;

(e) User must not introduce any computer code or routine that is harmful, destructive, disabling or which assists in or enables theft, alteration, denial or service, unauthorised disclosure or destruction or corruption of data, including viruses, worms, spyware, adware, keyloggers, trojans, time bombs and any new types of programmed threats;

(f) User must not disclose the product key to a third party or allow it to be used by any other person except the User, and

(g) Rebranding and redistribution of the Software is prohibited.

6. Refund Policy

XerSolutions will process refunds in accordance with the Australian Consumer Law. XerSolutions will facilitate a refund for severe Software defects or if XerSolutions is unable to effect a remedy of the Software or otherwise where XerSolutions determines, in our absolute discretion, it is reasonable to do so. Where a refund is given, the licence key will be disabled and the software will be unable to be used further.

7. Maintenance and Upgrades

XerSolutions will provide but is not obliged to supply updates (“Maintenance”) for the Software as these become available from time to time. XerSolutions reserves the right from time to time to offer major upgrades (“Upgrades”) to select Users for an additional licence fee. These Terms apply in all respects to the Maintenance and to the Upgrades to the extent that it is incorporated in or replaces the Software. XerSolutions gives no warranty, guarantee or representation that the Software will be free of viruses, bugs or errors or that the use of the Software will continue uninterrupted. User is responsible for its own acts and omissions including any that cause or contribute to any defects in the functionality of the Software. XerSolutions will not be responsible for failure of the Software due to malfunction of software not provided by XerSolutions, the malfunction of hardware, User’s negligence or fault, or User’s failure to follow instructions in the Specifications, material changes in the operating environment not authorised by XerSolutions, modifications or changes in the Software not made or suggested by XerSolutions or User’s failure to implement and maintain a proper and adequate backup and recovery system for the Software and User’s Data.

8. Security

Users acknowledge that they are entirely responsible for all activities that occur in relation to their access and use of the Software. XerSolutions will not be liable for any loss or damage from failure of Users to maintain the security of their systems.

9. Copyright and Intellectual Property

Users acknowledges that ownership of the Intellectual Property Rights in the Software is the property of or licensed by XerSolutions or vests on creation in XerSolutions. User must not reproduce all or any portion of the Software or otherwise create derivative works of the Software.
Unless otherwise indicated, all rights (including copyright) in the Software (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by XerSolutions or any related entities. User must not alter, remove, or obscure any copyright, trade secret, patent, trade mark, logo, proprietary or other legal notice on the Software

10. Warranties and Representations

XerSolutions warrants that it is the owner of or authorised to commercialise the Intellectual Property Rights in the Software. Except as expressly provided herein no other warranty, condition, undertaking or term express or implied, statutory or otherwise is given and all such warranties, conditions, undertakings and terms are insofar as the Law allows are excluded. No warranty of any kind whether express or implied is made in relation to the accuracy of the copyright material or any information displayed or produced by the Software. XerSolutions does not warrant that the Software will be error-free, uninterrupted or free of bugs or viruses. It is User’s sole responsibility to determine that the Software or any part of these meet the needs of User or are otherwise suitable for the purpose for which they are purchased. XerSolutions excludes from these Terms all other warranties, conditions and terms implied by law except for any, the exclusion of which would contravene any law. This clause survives the termination or expiry of these Terms.

11. General Disclaimer

Use of the Software is at User’s own risk. Everything on the Software and any related products and services are provided to User without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of XerSolutions make any express or implied representation or warranty about the Software. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of Data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Software (including third party material and advertisements on the Software, if any); and

(c) costs incurred as a result of you using the Software, or any other related products or services of XerSolutions.

It is Users’ sole responsibility to determine that the Software meet the needs of Users or are otherwise suitable for the purpose for which they are purchased or used. To the extent permitted by Law, XerSolutions is not responsible for and disclaims all Liability for lost, missing, or corrupted Data no matter how caused.

12. Limitation of Liability

To the extent permissible at law, XerSolutions is not liable for any indirect, punitive, incidental, special, consequential damages including without limitation any Claims, Losses, Liability, loss of data, loss of profits, revenue, business or goodwill arising out of or in any way connected with the provision of or failure to provide the Software under these Terms. Except as provided in these Terms, XerSolutions excludes all representations and warranties relating to the subject matter of these Terms. These Terms are to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible XerSolutions limits its Liability for any Claims relating to these Terms as follows, at our option:

(a) for any claims relating to our services to the fees payable under a relevant agreement or other supply arrangement for the preceding one (1) month;
(b) in the case of products including any digital products (i) the replacement of the products or the supply of equivalent products; (ii) the repair of the products; (iii) the payment of the cost of replacing the products or of acquiring equivalent products or (d) the payment of having the products repaired;
(c) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.

13. Indemnity

User indemnifies and releases XerSolutions against any Claims, Liability or Loss, demands, proceedings, damages, cost, expense or liability brought against or sustained by XerSolutions, which is directly or indirectly caused by:

(a) the User’s breach of these Terms;

(b) the User’s misuse of the Software;

(c) any negligent or wrongful act or omission of the User or any of its officers, employees or agents in relation to the performance of its obligations under these Terms;

(d) acts or omissions arising out of User’s use of the Software including the transmission of any unauthorised or illegal Data;

(e) any breach of any third-party rights, including in respect of any Claim that infringes Intellectual Property Rights.

User expressly acknowledges that XerSolutions does not have any control over the User’s use of the Software and will at all times indemnify and keep indemnified XerSolutions from and against all Loss, damage, cost, charge, expense (whether in contract or in tort) or suffered by XerSolutions either directly or indirectly, as a result of the User’s use of the Software. The indemnitor’s obligations pursuant to this clause includes retention and payment of legal fees and payment of court costs, as well as settlement at the indemnitor’s expense and payment of judgments. This clause survives the termination or expiry of these Terms for whatever reason.

14. Dispute Resolution

If a dispute arises out of or relates to the Terms as between XerSolutions and a User, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought):

Compulsory process. A party shall not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a Dispute unless it has complied with this clause.

Notification. A party claiming that a Dispute has arisen shall notify each other party to the Dispute giving details of the Dispute.

Initial period – efforts to resolve Dispute. During the 30-day period after a notice is given (or longer period agreed in writing by the Parties to the Dispute) (Initial Period) each party to the Dispute (Disputant) covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the Dispute.

Mediation. If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute shall be referred for mediation, at the request of any Disputant, to:

(i) a mediator agreed on by the Disputants; or

(ii) if the Disputants are unable to agree on a mediator within seven days after the end of the Initial Period, then the Parties must submit the dispute for mediation through the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation.

Role of mediator. The role of any mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.

Information. Any information or Documentation disclosed by a Disputant under this clause shall be kept confidential and may not be used except to attempt to resolve the Dispute.

Costs of mediation. The costs of a mediator and mediation shall be met in full by the Disputant bringing the claim.

Location, timing and attendance. The mediation will be held in Brisbane, Australia, within 30 days after expiry of the Initial Period. Each Disputant agrees to attend the mediation by a representative having full authority to resolve the dispute. At the mediation each Disputant may be represented by one or more legal representative.

Failure to resolve. If the dispute fails to resolve at mediation or if one of the Disputants fails or refuses to attend the mediation, the mediator will be requested to inform each Disputant in writing that the mediation has been terminated without resolution (Mediation Termination Notice). Upon receipt of Mediation Termination Notice, the dispute resolution process will be terminated. A party to a dispute will only be entitled to pursue other remedies available to it at law or otherwise, after receipt of Mediation Termination Notice.

Confidentiality. All communications concerning negotiations made by the Disputants arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable law of evidence.

15. Feedback

Your feedback is important to us. XerSolutions welcomes and encourages you to provide feedback, reviews, comments and suggestions for improvements to the Software, or any other products or services of XerSolutions (“Feedback”). You may submit Feedback by contacting us using our email address here: admin@xertransfer.com.

16. No waiver

No waiver of rights under these Terms or any of our policy, or agreement between us and a User’s shall constitute a subsequent waiver of this or any other right. Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of any future right of enforcement of that right or provision.

17. Assignment

Users agrees that we may assign, transfer, sub-contract or otherwise deal with our rights or obligations under these Terms.

18. Entire Agreement

Unless otherwise stated, these Terms and our Privacy Policy make up the entire agreement between Users and XerSolutions regarding the Software.

19. Severability

If any provision or part of a provision of these Terms is found to be invalid, unenforceable or in conflict with the law, that part or provision is to be replaced with a provision which, as far as possible, accomplishes the original purpose of that provision otherwise it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions which will continue in full force and effect.

20. Law and Jurisdiction

These Terms are governed by and construed in accordance with Australian law. You irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia, and any court that may hear appeals from any of those courts for determining any dispute concerning these Terms and waive any right you may have to claim that those courts are an inconvenient forum.

21. Force Majeure

XerSolutions, its affiliates or subsidiaries, directors, officers, employees, agents, contributors and licensors are not liable for any changes or problems out of our control, for example changes or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labour or materials. In particular, we are not responsible for internet failures resulting from problems out of our control, including malicious acts by others, which impact the users’ use of the product.

22. Definitions in these Terms.

“Claim” includes any demand, claim, action, proceeding, Loss, damages, costs, expenses, requisition, objection, alleged right of indemnity incurred or suffered by, or brought or made or recovered against a matter, no matter how arising (whether or not presently ascertained) in the immediate future or contingent (whether criminal or civil, in contract, tort or otherwise).

“Data” means all data, material or files that the User inputs or processes through the Software.

“Intellectual Property Rights” means any intellectual property including all copyright, patents, trademarks, design rights, trade secrets, circuit layouts, rights in database and data rights, domain names, knowhow, trade secrets, procedures, technical designs, software and code and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.

“Law” includes a constitutional provision, treaty, decree, convention, statute, regulation, ordinance, by-law, judgment, rule of common law or equity and is a reference to that law as amended, consolidated or replaced.

“Liability” means any debt, obligation, cost (including legal costs, deductibles or increased premiums), expense, Loss, damage, compensation, charge or liability of any kind, including those arising from third party Claims, those that are prospective or contingent and those the amount of which is not ascertained or ascertainable, and whether arising under breach of contract, in tort (including negligence), restitution, pursuant to statute or otherwise at law or in equity.

“Loss” means any cost, expense, loss, damage or Liability whether direct, indirect or consequential (including pure economic loss), present or future, ascertained or unascertained, actual, prospective or contingent, or any fine or penalty and includes legal costs.

23. How to Contact Us

You can contact us at admin@xertransfer.com.

© 2019 XerSolutions Pty Ltd. All Rights Reserved.

Terms last updated 4 July 2019

Corporate Licence Subscription Terms and Conditions are in place for XerTransfer.  A copy of our corporate terms and conditions are available by request and entered into upon purchase of our Software.  

Multi-user, corporate or enterprise licences to use our Software on multiple computers can only be purchased directly from us.

Please contact our support team at admin@xertransfer.com to arrange purchase of multi-user or corporate user licence. 

To further discuss corporate terms and conditions and related commercial agreement please contact exec@xertransfer.com

From time to time, XerSolutions works in collaboration with Leprechaun Software Pty Ltd.

Presently we are transitioning licencing.  We expect that this should only take a short period.  For those Users who purchase XerTransfer within the transition period you will note referencing to Leprechaun Software Pty Ltd during purchase and installation.