TERMS AND CONDITIONS OF USE:   XCHEQUE PTY LTD WEBSITE AND ASSOCIATED MATERIALS

Important Notice

In the detail of these terms and conditions of use the following points in particular must be noted:

• Registered user logins grant permission for a single individual user access, irrespective of whether these are generated for personal use or as part of an agreement with a company or entity that is a client or associate of Xcheque. You must not provide any other individual access to the site by revealing to them your username and password or by providing an indirect link to the material accessible by your username and password.

• All material contained on the site is subject to strict copyright. You must not copy or distribute this material without the express written permission of Xcheque

• Xcheque reserves the right to revoke without notice user access to the site if it believes that access and use is in breach of these Terms.

Definitions

Xcheque The entity Xcheque Pty Ltd, ABN 79 880 904 907

Xcheque.com The website and all internet services associated with the registered domain name Xcheque.com

Terms These Terms and Conditions of Use

Privacy Statement The Privacy Statement for Xcheque (http://www.xcheque.com/privacy-statement.html)

Disclaimer The Disclaimer for Xcheque.com (http://www.xcheque.com/disclaimer.html)

Content The materials displayed, generated by, or associated with Xcheque.com, including without limitation: e-mails, RSS feeds, publications, reports, twitter feeds, all downloadable and printable information, real time or other information, text, materials, graphics, software, tools, advertisements, names, logos and trademarks

Registered Users Persons who provide their personal details via the Xcheque.com user registration form (http://www.xcheque.com/create-customer-account.html) or who agree to these Terms and give Xcheque permission to enter their registration details in Xcheque.com.

User Login The username and password provided to Registered Users of Xcheque.com

Acceptance of Understanding and Obligation

Access to the Xcheque.com via a registered user login or any other link to registered and password protected material is considered confirmation that:

• You have read and understood these Terms for Xcheque.com; and
• You have read and understood the Privacy Statement for Xcheque; and
• You have read and understood the Disclaimer for the Xcheque.com; and
• You agree to be bound by the Terms and Privacy Statement and Disclaimer

These Terms extend to the e-mails, RSS feeds, publications, reports, twitter feeds, and all downloadable and printable information, generated by or associated with Xcheque.com.

Detailed Terms

1) Ownership of Content

The Content is protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on Xcheque.com or the associated materials. All rights, title and interest in the Content is owned, licensed or controlled by Xcheque and/or the party credited as the provider or author of the Content.

2) Access to Xcheque.com and use of Content

2.1  Public site and access control

Xcheque.com access is controlled by software that grants permission to the Content according to automated registration and subscription processes or by the intervention of Xcheque.  You must not knowingly attempt and gain access to unauthorised Content by circumventing these controls.

Xcheque.com and the Content that is generally accessible to the public without use of a User Login is subject to these Terms and the laws of copyright, trade marks, intellectual property within the full extent allowed by the law.

2.2 Authorised access by Registered Users

Registered User access to Xcheque.com and associated services is obtained by completion of the user registration form located at the following URL: http://www.xcheque.com/create-customer-account.html

The user registration form specifies mandatory information for completion of the registration process.   This includes:

• Your e-mail address
• First name
• Last name
• Your country of residence

It is your obligation to provide truthful and current information for these items.

Xcheque.com will provide you with a User Login when the registration details are completed and verified.

The User Login grant permission for a single individual user access, irrespective of whether this is generated for personal use or as part of an agreement with a company or entity that is a client or associate of Xcheque.  You must not provide any other individual access to the site by revealing to them your username and password or by providing an indirect link to the material accessible by your username and password.

You must take reasonable steps to keep your User Login confidential.  If you suspect that this confidentiality has been breached you must immediately change your user password or advise Xcheque by e-mail of the breach at This e-mail address is being protected from spambots. You need JavaScript enabled to view it

2.3 No guarantee of continuous access

From time to time Xcheque may restrict access to some part or all of Xcheque.com for maintenance or other purposes.  Xcheque will not be liable if for any reason Xcheque.com is unavailable at any time or for any reasonable period.

2.4 No copying, use, and distribution without permission

You may not copy, use, reproduce, translate, adapt, modify, transmit, revise, reverse engineer, decompile, disassemble, publish, perform, broadcast, reproduce, post, display, create a derivative work from, distribute, sell, license, rent, lease or otherwise transfer any of the Content to a third party, without Xcheque's prior written permission or as otherwise provided for in these Terms. All requests for such permission regarding the Content must be in writing and should be sent to: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

2.5 Educational and personal use

You may browse Xcheque.com for your own personal use, information, research, study, and educational purposes.  Xcheque grants you a limited non-exclusive license to view and print the Content for your non-commercial or personal use only. All printed and electronic copies that you make must retain all copyright and other notices.

2.6 Unlawful use

You must not use Xcheque.com or the Content for any illegal, unauthorised, or dangerous purpose.

2.7 Transfer of rights

You may not transfer, assign, sell to or share with any other person any right under these Terms without the prior written consent of Xcheque.

2.8  Knowledge of a breach of the rights of Xcheque

You must not knowingly allow the continuation of a breach of the rights of Xcheque as outlined in these Terms.

You must advise Xcheque within seven days of you becoming aware of any person who making unauthorised use of Xcheque.com and the Content.

2.10  Corporate responsibility

Where the service and access agreement is with a company or any other non-individual entity, the Directors and Officers of the entity are responsible for ensuring that all persons who access Xcheque.com and the Content are entitled to access under the agreement, aware of these terms, and that they comply with them.

2.11  Revocation of access and rights

Your acceptance of these Terms includes the understanding that Xcheque may revoke access to Xcheque.com and the Content without notice if it believes that there has been a breach of these Terms or the rights of Xcheque.

Where we have reason to believe there has been a breach of these Terms or the rights of Xcheque by a user associated with the service and access agreement of a non-individual entity, we reserve the right to revoke without notice access to all the users associated with that non-individual entity.

You may appeal this decision by contacting Xcheque via e-mail at This e-mail address is being protected from spambots. You need JavaScript enabled to view it

3) Variation of Terms

These Terms may be varied from time to time with such variation being shown on the most current version displayed on the site and also available at this URL: http://www.xcheque.com/terms.html

Except where any legislation avoids or prohibits provisions in a contract excluding or modifying such a term, any subsequent variation shall be deemed to be included in these Terms.

4) Governing Law and Jurisdiction

These Terms of Use are governed by and construed and interpreted in accordance with the laws of Australia and Victoria and you agree that the Australian courts shall have exclusive jurisdiction in any dispute.