Terms and Conditions
Welcome to the Xref (Xref Pty ltd). By using the Site and Services, you agree to follow and be bound by the following terms and conditions concerning your use of the Site ("User Agreement") and our Privacy Policy. Users bound by the terms and conditions of this User Agreement shall include, but not be limited to, any organisation, company, individual or other legal entity seeking to obtain Xref Reports ("Reports") from peers and employers concerning current or potential employees. We may revise this User Agreement and Privacy Policy at any time without notice to you. Posting amended terms on this website, and your use of the website and or services following such posting will constitute acceptance by you of such changes. This User Agreement describes the terms and conditions under which you and/or your organisation or company can use our website and services and what to expect from us. In the event of an inconsistency between the User Agreement and the Privacy Policy, the User Agreement shall control. If you object to anything in this User Agreement or to the Xref Pty Ltd Privacy Policy, you may not use or access the Services or Website. Nothing in the User Agreement shall be deemed to confer any third-party rights or benefits.
Description of Services
Xref Pty Ltd is an online service, enabling organisations and individuals to gather confidential feedback Reports from a potential, existing or former employee's peers and employers. The Report provides information related to talents, skills, competencies, employment and attitude in the workplace, which is critical to success in a specific job or career. The information gathered can be used but is not limited to career development, recruitment, etc.
Use of Web Site and Services
You may download, view, copy and print information and graphics incorporated in the Reports from the Site subject to the following: (a) the Reports may be used solely for professional, informational, non-commercial purposes; and (b) the Reports may not be modified or altered in any way. Except where your use constitutes "fair use" under copyright law, and in compliance with other applicable laws, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Web site or our Services outside of your organisation in whole or in part without the express authorization of Xref. The website and Services are not accessible to minors or anyone under the age of 16 or by users that have been removed from our services and/or website by Xref. The Reports and information provided by Xref Pty Ltd will only be used for the purpose it's intended. At no time will your organisation or any individual part of your organisation use this information for other purposes than those for which it was intended.
Passwords and Security
You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site and Services, and are fully responsible for all activities that occur under your password(s). You agree to notify Xref Pty Ltd immediately of any unauthorised use of your password(s). Xref Pty Ltd is concerned about the security of information we have collected from you and your (potential) employees and has taken reasonable steps to prevent unauthorised access to that information.
Termination of Use
You agree that Xref Pty Ltd may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site and Services. Access to the Site may be monitored by Xref Pty Ltd.
Third Party Web Sites, Content, Products and Services
The Site provides links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that Xref Pty Ltd is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that Xref Pty Ltd is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Xref Pty Ltd is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Xref Pty Ltd is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
Disclaimer
Except where expressly provided otherwise, the site, and all content, materials, information, products and services provided on the site, are provided on an "as is" and "as available" basis. Xref Pty Ltd expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Xref pty ltd makes no warranty that: (a) the site will meet your requirements; (b) the site will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the site or any services offered through the site will be accurate or reliable; or (d) the quality of any products, services, information, or other material purchased or obtained by you through the site will meet your expectations. Any content, materials or information downloaded or otherwise obtained through the use of the site is done at your own discretion and risk. Xref Pty Ltd shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, reports or information. Xref reserves the right to make changes or updates to the site at any time without notice.
Limitation of Liability
In no event shall Xref Pty Ltd be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the site. Some jurisdictions do not allow the limitation or exclusion of liability. Accordingly, some of the above limitations may not apply to you.
Information Provided to Xref's Website
Xref Pty Ltd cannot guarantee the identity of the users you are communicating with. Any information transmitted through Xref.com is the sole responsibility of the user from which the content originated and Xref Pty Ltd will not be liable for omissions in content or errors, nor can Xref Pty Ltd guarantee the authenticity of the data which users provide about themselves or relationships they may describe. In the course of using the Xref.com services, users will provide information about themselves. By using our services, you grant Xref Pty Ltd the irrevocable licensing rights to use this information in the course of offering our services on a royalty-free, perpetual basis. This information may also be used but is not limited to the creation of the reports and benchmarking.
Communication
In order to provide the Xref Pty Ltd services, we may need to communicate with you via email. By using the Xref.com website and services, you agree to receive emails necessary for the normal functioning of our services. Activity on the website Xref Pty Ltd cannot guarantee the accuracy, quality or integrity of information exchanged by users. We have the right to monitor all content and information exchanged through our services, however we do not carry any obligation to do so. Xref Pty Ltd will not be liable for any content, errors, omissions, loss or damage incurred as a result of usage of our website and/or services. Under no circumstances will Xref Pty Ltd be liable for denial of access to any content on the website.
Fees
To Run an Xref reference check and to access reports, 'Xrefs' need to be bought. To see specifications on pricing, check our website for Pricing.
Indemnity
You agree to defend, indemnify and hold harmless Xref, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site.
Agreement
The User Agreement shall govern as the Agreement between you and Xref Pty Ltd suspending any prior agreements between you and Xref Pty Ltd.
Competition
Being a User of Xref Pty Ltd , you recognize our past and ongoing development of state of the art proprietary technology. You agree that during the usage of our services and website, during the term of this Agreement and for eighteen (18) months after termination, you will not develop or market any product that copies or duplicates functionality.
Privacy Policy
Xref Pty Ltd is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current privacy policy on our website.
Note About Children
Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.
Copyright/Trademark Information
Copyright © 2010, Xref. All rights reserved. Other names appearing on the Site may be trademarks of their respective owners.
Contact Information
If you have any questions regarding these Terms of Use please contact Xref Pty Ltd from our website contact form.
