Xcite™ Advertising Australia conditions of use.
Welcome to our Xcite™ Cars 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™ Cars 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™ Cars 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™ Cars 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™ Cars 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™ Cars website (whether manually or by any automated process);
(2) publish, republish, transmit, display, or otherwise make available any content from the Xcite™ Cars website (whether online or otherwise);
(3) use any content from the Xcite™ Cars website in order to develop or promote any website, database or e-store;
(4) or use any content from the Xcite™ cars 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 Cars 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™ Cars 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 give no guarantee of continued availability of any particular motor vehicle or motor service advertised on the site and Xcite™ Advertising accepts no responsibility for any information regarding motor 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 motor 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™ Cars 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 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™ cars 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™ Cars portal has made it easier for you to contact motor 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
This is the privacy notice of Xcite™ Advertising Australia. In this document, “we”, “our”, or “us” refers to Xcite™ Advertising Australia registered in Australia with ACN 151107381. Our registered office is at 24 Degas Street, Forest Lake, Brisbane, 4078.
This is a notice to inform you of our policy about all information that we record about you. It covers both information that could and could not identify you and where your personal information gets distributed. It also gives you a detailed explanation of our data protection and how our Xcite™ Cars portal functions.
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 our Terms and Conditions, which are subject to change at our sole discretion.
Your use of and access to this site indicates your acceptance of our 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.
We are extremely concerned about protecting your privacy and confidentiality. We understand that all users of our website are rightly concerned to know that their data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party. Our policy is both specific and strict. It complies with Australian law [and with the laws of all jurisdictions of which we are aware] and also with the General Data Protection Regulation (GDPR). If you think our policy falls short of your expectations or that we are failing to abide by our policy, do please tell us.
We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our web site immediately.
Except as set out below, we do not share, or sell, or disclose to a third party, any personally identifiable information collected at this site.
Here is a list of the information we collect from you, either through our website or because you give it to us in some other way, and why it is necessary to collect it:
Business and Personal Information
This includes basic identification and contact information, such as your name and contact details and also includes all information given to us in the course of your business and ours, such as information you give us in your capacity as our client. We undertake to preserve the confidentiality of the information and of the terms of our relationship. It is not used for any other purpose. We expect you to reciprocate this policy.
This information is used:
Information which does not identify any individual may be used in a general way by us or third parties, to provide class information, for example relating to demographics or usage of a particular page or service. This helps us to provide a better service to our customers and ensure our product is a success.
We keep information, which forms part of our business record for a minimum of six years. That is because we may need it in some way to support a claim or defence in court. That is also the period within which our tax collecting authorities may demand to know it.
Market place information
When we obtain information from you specifically to enable you to buy a service offered on our web site by some other person, we assume that in giving us your information, you are also giving us permission to pass it to the relevant person.
Your domain name and e-mail address.
This information is recognised by our servers and the pages that you visit are recorded. We shall not under any circumstances, divulge your e-mail address to any person who is not an employee or contractor of ours (Xcite™) and who does not need to know, either generally or specifically. This information is used:
(1) to correspond with you or deal with you as you expect;
(2) in a collective way, not referable to any particular individual, for the purpose of quality control and improvement of our site;
(3) to send you news about the services to which you have signed up;
(4) to tell you about other of our services or services of sister web sites.
(5) Information you post on our website
Information you send to us by posting to a forum or blog or in your advertisement, is stored on our servers. We do not specifically use that information, except to allow it to be read, but you will see in our terms and conditions that we reserve a right to use it in any way we decide.
Website Usage Information
Financial information relating to your credit cards
This information is never taken by us either through our website or otherwise. At the point of payment, you are transferred to a secure page on the website of PayPal or some other reputable payment service provider. That page may be dressed in our “livery”, but it is not controlled by us. Our staff and contractors never have access to it.
Note on padlock symbols and other trust marks
Many companies offer certification and an icon or other small graphic to prove to site visitors that the site is safe. Some certify to a high level of safety. Others are more concerned to take our money than to provide a useful service. We do not handle information about your credit card so do not subscribe to any such service.
Financial information relating to your credit cards
We [may] keep your financial information to provide you with a better shopping experience next time you visit us and to prevent fraud. We use Secure Sockets Layer (SSL) certificates to verify our identity your browser and to encrypt any data you give us when you buy. This includes financial information such as credit or debit card numbers. Our SSL certificate encryption level is 128-bit/256-bit. Whenever we ask for financial information, you can check that SSL is being used by looking for a closed padlock symbol or other trust mark in your browser URL bar or toolbar.
We take the following measures to protect your financial information:
If we ask you questions about your financial information, we shall show partial detail [the first four OR the last four digits of the debit or credit card number], only enough to identify the card(s) to which we refer.
Financial information about your direct debit
When you have agreed to set up a direct debit arrangement, the information you have given to us is passed to our own bank, Suncorp Bank, for processing according to our instructions. We do keep a copy.
We are registered under the direct debit guarantee scheme. (This provides for the customer’s bank to refund disputed payments without question, pending further investigation. Direct debits can only be set up for payments to beneficiaries that are approved "originators" of direct debits. In order to be approved, these beneficiaries are subjected to careful vetting procedures. Once approved, they are required to give indemnity guarantees through their banks.)
To assist in combating fraud, we share information with credit reference agencies, so far as it relates to clients or customers who instruct their credit card issuer to cancel payment to us without having first provided an acceptable reason to us and given us the opportunity to refund their money.
Third Party Advertising
Third Party Content
Our web site is a publishing medium in that anyone may register and then publish information about himself, some other person or goods and services they provide. We do not moderate or control what is posted. If you wish to make a complaint, please contact us under the Complaints section of this policy. If you complain about any of the content on our web site, we shall investigate your complaint. If we feel, it may be justified, we shall remove it while we investigate. Free speech is a fundamental right, so we have to make a judgment as to whose right will be obstructed: yours, or that of the person who posted the content which offends you. If we think, your complaint is vexatious or without any basis, we shall not correspond with you about it.
Information we obtain from third parties
Although we do not disclose your personal information to any third party (except as set out in this notice), we do receive data which is indirectly made up from your personal information, from software services such as Google Analytics and others. No such information is identifiable to you. This information is used solely for enhancing our content and providing you with a better service.
Content you provide to us with a view to be used by third party
If you provide information to us with a view to it being read, copied, downloaded, or used by other people, we accept no responsibility for what that third party may do with it. It is up to you to satisfy yourself about the privacy level of every person who might see your information. If it is available to all the World, neither we nor you have no control whatsoever as to how it is used.
Cookies are small text files that are placed on your computer's hard drive through your web browser when you visit any web site. They are widely used to make web sites work, or work more efficiently, as well as to provide information to the owners of the site.
Like all other users of cookies, we may request the return of information from your computer when your browser requests a web page from our server. Cookies enable our web server to identify you to us, and to track your actions and the pages you visit while you use our website. The cookies we use may last for a single visit to our site (they are deleted from your computer when you close your browser), or may remain on your computer until you delete them or until a defined period of time has passed.
(2) to allow essential parts of our web site to operate for you;
(3) to operate our content management system;
(4) to operate the online notification form - the form that you use to contact us for any reason. This cookie is set on your arrival at our web site and deleted when you close your browser;
(5) to enhance security on our contact form. It is set for use only through the contact form. This cookie is deleted when you close your browser;
(6) to collect information about how visitors use our site. We use the information to improve your experience of our site and enable us to increase sales. This cookie collects information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from, and the pages they visited;
(7) to record that a user has viewed a webcast. It collects information in an anonymous form. This cookie expires when you close your browser;
(8) to record your activity during a web cast. An example is as to whether you have asked a question or provided an opinion by ticking a box. This information is retained so that we can serve your information to you when you return to the site. This cookie will record an anonymous ID for each user, but it will not use the information for any other purpose. This cookie will last for three months, when it will be deleted automatically;
(9) to store your personal information so that you do not have to provide it afresh when you visit the site next time. This cookie will last for 90 days;
(10) to enable you to watch videos we have placed on YouTube. YouTube will not store personally identifiable cookie information when you use YouTube’s privacy-enhanced mode.
(11) Calling our help line
When you call our help line, we collect Calling Line Identification (CLI) information. We use this information to help improve the efficiency and effectiveness of our help line.
Sending a message to our support system
When you send a message, we collect the data you have given to us in that message in order to obtain confirmation that you are entitled to receive the information and to provide to you the information you need. We record your request and our reply in order to increase the efficiency of our business / organisation. We do not keep any personally identifiable information associated with your message, such as your name or email address.
When we receive a complaint, we record all the information you have given to us. We use that information to resolve your complaint. If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.
We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.
Job application and employment
If you send us information in connection with a job application, we may keep it for up to three years in case we decide to contact you at a later date. Your application or resume will not be given to any third party websites without your permission first.
If we employ you, we collect information about you and your work from time to time throughout the period of your employment. This information will be used only for purposes directly relevant to your employment. After your employment has ended, we will keep your file for six years before destroying or deleting it.
With your permission we pass your email address and name to selected associates whom we consider may provide services or products you would find useful. You may opt out of this service at any time by instructing us at: email@example.com.
We may use re-marketing from time to time. This involves Google or some other supplier placing a tag or marker on your website in order to be able to serve to you an advert for our products / services when you visit some other website.
This is information given to us by you in your capacity as an affiliate of us or a customer or client of ours. Such information is retained for business use only. We undertake to preserve the confidentiality of the information and of the terms of our relationship. It is not used for any other purpose. We expect any affiliate to agree to reciprocate this policy. As an exception to this, we have the right to disclose your first name and URL of your affiliate connection to other affiliates and to any other person or organisation, on and off site. The reason is solely to enable us to mention winners and others whose performance as an affiliate is in some way outstanding.
Use of site by children
We do not market to children, nor do we sell products or services for purchase by children. If you are under 18, you may use our site only with consent from a parent or guardian.
We collect data about all users of and visitors to these areas regardless of age, and we anticipate that some of those users and visitors will be children.
Such child users and visitors will inevitably visit other parts of the site and will be subject to whatever on-site marketing they find, wherever they visit.
Disclosure to Government and their agencies
We are subject to the law like everyone else. We may be required to give your personal information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.
Compliance with the Law
This confidentiality policy has been compiled so as to comply with the law of every jurisdiction in which we aim to do business.
If you are a member of the European Union for the purposes of the General Data Protection Regulation (GDPR), then in addition to what is set out above and below, the following applies to you:
If you think it fails to satisfy the law of your country, we should like to hear from you, but ultimately it is your choice as to whether you wish to use our website.
Review or update personally identifiable information
At any time you may review or update the personally identifiable information that we hold about you, by contacting us at the address below. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information.
Removal of your information
If you wish us to remove personally identifiable information from our web site, you may contact us at: firstname.lastname@example.org. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information.
Data may be “processed” outside Australia
Our web sites are hosted in Australia. We also use outsourced services in countries outside Australia from time to time in other aspects of our business. Specifically, our technical centre is based in United States of America. Accordingly, data obtained within Australia may be “processed” outside Australia and data obtained in any other country may be processed within or outside that country. This information may be used outside Australia only so our clients can receive the best possible service for selling their vehicles and using our xcitecars portal.
If you have a complaint about how we are collected or handled your personal information, please contact us. We will endeavour in the first instance to deal with your complaint and take action to resolve the matter.
If your complaint cannot be resolved at the first instance, we will ask you to lodge a formal complaint in writing, explaining the circumstances of the matter that you are complaining about, how you believe your privacy has been interfered with and how you believe your complaint should be resolved.
We will acknowledge receipt of your formal complaint and indicate the timeframe that you can expect a response. We will endeavour to resolve the complaint as quickly as possible, but if the matter is complex and our investigation may take longer, we will let you know when we expect to provide our response.
If you are unhappy with our response, you may refer your complaint to us by either sending us an email or sending us a letter using the details below.
Sending a letter to us at:
Attn: Complaints Department
17 Weaver Street
Heatley QLD 4814
For any other enquires please contact us:
1300 789 737