terms conditions

Introduction

These Terms of Use govern your use of this website. By using this website, you accept these Terms of Use in full. If you disagree with these Terms of Use or any part of these Terms of Use, you must not use this website.
This website uses cookies. By using this website and agreeing to these Terms of Use, you consent to xgimi.com.au’s use of cookies following the terms of the Getoo Pty Ltd’s Privacy Policy.

 

License to Use Website

Unless otherwise stated, Getoo Pty Ltd and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages, user manuals, or other product information from the website for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
You must not:

 

    • Republish material from this website (including republication on another website), sell, rent, or sub-license material from the website

    • Show any material from the website in public

    • Reproduce, duplicate, copy, or otherwise exploit material on this website for a commercial purpose

    • Edit or otherwise modify any material on the website

    • Redistribute material from this website except for content specifically and expressly made available for redistribution

 

Acceptable Use

You must not use this website in any way that causes or may cause, damage to the website or impairment of the availability or accessibility of the website, or in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this website without Getoo Pty Ltd’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Getoo Pty Ltd’s express written consent.

 

User Content

In these Terms of Use, “your user content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Getoo Pty Ltd worldwide, an irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant Getoo Pty Ltd the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Getoo Pty Ltd or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.
Getoo Pty Ltd reserves the right to edit or remove any material submitted to this website, or stored on Getoo Pty Ltd’s servers, or hosted or published on this website.
Notwithstanding Getoo Pty Ltd’s rights under these Terms of Use in relation to user content, Getoo Pty Ltd does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

 

No Warranties

This website is provided “as is” without any representations or warranties, express or implied. Getoo Pty Ltd makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Getoo Pty Ltd does not warrant that:

 

    • This website will be constantly available, or available at all; or

    • The information on this website is complete, true, accurate and non-misleading.

Nothing on this website constitutes or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

 

Limitations of Liability

XGIMI Offical Authorised Experience Store will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 

    • To the extent that the website is provided free of charge, for any direct loss

    • For any indirect, special or consequential loss

    • For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Getoo Pty Ltd has been expressly advised of the potential loss.

 

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit Getoo Pty Ltd’s liability in respect of any:

 

    • Death or personal injury caused by Getoo Pty Ltd’s negligence

    • Fraud or fraudulent misrepresentation on the part of Getoo Pty Ltd

    • Matter which it would be illegal or unlawful for Getoo Pty Ltd to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

 

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.

 

Other Parties

You accept that, as a limited liability entity, Getoo Pty Ltd has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Getoo Pty Ltd’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Getoo Pty Ltd’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Getoo Pty Ltd.

 

Unenforceable Provisions

If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Indemnity

You hereby indemnify Getoo Pty Ltd and undertake to keep Getoo Pty Ltd indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Getoo Pty Ltd to a third party in settlement of a claim or dispute on the advice of Getoo Pty Ltd’s legal advisers) incurred or suffered by Getoo Pty Ltd arising out of any breach by you of any provision of these Terms of Use, or arising out of any claim that you have breached any provision of these Terms of Use.

 

Breaches

Without prejudice to Getoo Pty Ltd’s other rights under these Terms of Use, if you breach these Terms of Use in any way, Getoo Pty Ltd may take such action as Getoo Pty Ltd deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Assignment

Getoo Pty Ltd may transfer, sub-contract or otherwise deal with Getoo Pty Ltd’s rights and/or obligations under these Terms of Use without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Use.

 

Severability

If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Entire Agreement

These Terms of Use, together with Getoo Pty Ltd’s Privacy Policy, constitute the entire agreement between you and Getoo Pty Ltd in relation to your use of this website and supersede all previous agreements in respect of your use of this website.

 

 

 

Mobile Terms of Service

Last updated: Aug. 28, 2023

The Getoo Pty Ltd mobile message service (the “Service”) is operated by Getoo Pty Ltd (“Getoo Pty Ltd”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Getoo Pty Ltd’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Getoo Pty Ltd through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Getoo Pty Ltd. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to Getoo Pty Ltd or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Getoo Pty Ltd mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to Getoo Pty Ltd or email support@xgimi.com.au.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Changes to Our Terms of Use

If we decide to change our Terms of Use, we will update the Terms of Use modification date below.

Last Modified: 4/3/2024

 

Contact Us

If you have any questions about our Terms of Use, please contact us at info@xgimi.com.au.