#askXFACTOR    #strongertogether

USER TERMS AND CONDITIONS

The Xfactor Collective (ABN 271 297 99 848) provides both a professional referral network and introductory service between individuals or businesses who require strategic services (‘Services’) from a diverse range of independent small business operators. The operators (‘Practitioners and Providers’) are listed on The Xfactor Collective’s website at www.xfactorcollective.com (‘Site’).

These End User Terms and Conditions (‘Terms’) form a binding legal agreement between The Xfactor Collective, its directors, officers, employees, successors and assignees, and each person, organisation or entity using the Services (referred to as a ‘User’). By using the Site and Services, each User agrees to comply with and be legally bound by these Terms. Please read the Terms carefully, and please contact The Xfactor Collective if there are any questions – our contact details are set out at the end of these Terms.

The Practitioners and Providers listed on the Site have a separate Memorandum of Understanding agreement with The Xfactor Collective.

SERVICE OVERVIEW

The Site and the Services provide a professional referral network and an introductory platform for individuals or businesses (User) and consultants, coaches, small businesses (Practitioners and Providers), through which Users will be able to contact Practitioners and Providers and request their services (Practitioners and Providers Services). Users are also able to refer other Users to access Services on the site, and Practitioners and Providers are also able to cross-refer Users, and others Practitioners and Providers on the the Site.

Each Practitioner and Provider has been through The Xfactor Collective registration and reference-checking process, and is invited to have a profile on the Site as per the information requested on the Site (Profile).

Users can view the Profiles of Practitioners and Providers, and contact Practitioners and Providers through the Site. Or Users can contact the CONCIERGE Service who will be able to help Users find suitable Practitioners and Providers.

Each User understands and agrees that the The Xfactor Collective community and platform is primarily an introductory service only, and that The Xfactor Collective’s responsibilities are limited to facilitating the availability of the Site and the Services.

The Xfactor Collective is not a party to any agreement entered into between a User and a Practitioner or Provider. The Xfactor Collective is not a booking agent, and provides no such related services. The Xfactor Collective has no control over the conduct of Users, Practitioners and Providers and any other users of the Site and the Services. The Xfactor Collective disclaims all liability in this regard, as set out in these Terms.

Any arrangement between a User and a Practitioner or Provider is solely between the User and a Practitioner or Provider. It is strictly and expressly not part of the User’s agreement with The Xfactor Collective.

CONTRACT

The User’s use of the Site, and the Services indicates that the User has had sufficient opportunity to access the Terms and contact The Xfactor Collective, that the User has read, accepted and will comply with the Terms, that the User has legal capacity to enter into a legally binding contract, and that the User is eighteen (18) years or older or if younger than eighteen (18) years the User has the approval of its parent or guardian.  If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use any of the Services.

PRIVACY POLICY

The Privacy Policy on the Site sets out how The Xfactor Collective collects, uses and protects the personal information of its Users.

AMENDMENT

These Terms may be amended from time to time, without prior notice. The User’s continued use of the Services following any such amendments will be deemed to be confirmation that he/she accepts those amendments. The Xfactor Collective recommends that each User check the current Terms, before continuing use of the Services. The Xfactor Collective’s agents, employees and third parties do not have authority to change the Terms.

PRACTITIONER AND PROVIDER INFORMATION

Each Practitioner and Provider has one Profile Account (Account) on the Site. Their Services may be listed under different categories on the Site.

Each Practitioner and Provider agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. The Xfactor Collective reserves the right to suspend or terminate any Practitioner and Provider Account and his/her access to the Site and Services if any information provided to The Xfactor Collective proves to be inaccurate, not current or incomplete.

PAYMENTS

Users are not required to pay any fees for using the Site but may be required to pay fees for any other services that they request, including Practitioner or Provider Services, which are subject to negotiation between the User and the Practitioner or Provider.

CONSUMER GUARANTEES

Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar

If the User is a consumer as defined in the ACL, the following notice applies to the User from The Xfactor Collective: “We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.”

COPYRIGHT AND INTELLECTUAL PROPERTY

The Site contains material which is owned by or licensed to The Xfactor Collective, its affiliates and/or third party licensors as applicable, and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of the Site (Collective Content). The Xfactor Collective and all material used in connection with the Site are unregistered or registered trademarks of The Xfactor Collective.

Intellectual Property includes all code, algorithms, copyright, fees, pricing, registered and unregistered, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to The Xfactor Collective (in each case whether registered or unregistered or whether capable of registration), together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms; goodwill in the business; trade, business company or organisation names; internet domain names; and Site content, images and layout.

The User agrees that, as between the User and The Xfactor Collective, that The Xfactor Collective owns all Intellectual Property rights in the Site and Services except for User Content, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights. The Xfactor Collective own or holds a licence in the copyright which subsists in all creative and literary works displayed in the Site and Services. The Site and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorised by The Xfactor Collective or the owner of the content.

Other trademarks, service marks, graphics and logos used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks).

The The Xfactor Collective’s Intellectual Property, User Content and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of The Xfactor Collective, User Content owner, or the applicable trademark holder.

Users of the Site do not obtain any interest or licence in the Intellectual Property, User Content or Third Party Marks without the prior written permission of The Xfactor Collective, User Content owner or the applicable trademark holder. Users may not do anything which interferes with or breaches the Intellectual Property rights.

USER LICENCE

Subject to these Terms, The Xfactor Collective grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site and Services in any other way or for any other purpose, apart from local fair dealing legislation. All other uses are prohibited without The Xfactor Collective’s prior written consent.

The right to use the Site and Services is licensed to the User and not being sold to the User. A User has no rights in the Site and Services other than to use it in accordance with these Terms.

This Agreement and User Licence governs any updates to, or supplements or replacements for the Site and Services, unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

Permitted and Prohibited Conduct

The User is solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to its use of the Site and Services. In connection with the User’s use of the Site and Services, the User may not and agrees that it will not:

  • use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
  • register for more than one (1) Account or register for an Account on behalf of another individual and/or entity;
  • as an End User, make any offers to the Practitioners or Providers that it does not intend to honour or cannot provide;
  • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
  • copy, store or otherwise access any information contained on the Site and Services or Collective Content for purposes not expressly permitted by these Terms;
  • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • use the Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  • use the Site or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
  • stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site;
  • use, display, mirror or frame the Site, or any individual element within the Site, Services, The Xfactor Collective’s name, any trademark, logo or other proprietary information of The Xfactor Collective, or the layout and design of any page or form contained on a page, without The Xfactor Collective’s express written consent; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.
  • Content

The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of Australia and foreign countries. The User acknowledges and agrees that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of The Xfactor Collective and its licensors. The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Services, or Collective Content.

The User must not post, upload, publish, submit or transmit any content that:

  • infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
  • is fraudulent, false, misleading or deceptive;
  • denigrates the Site, Services, an End User, or a Practitioner or Provider;
  • violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
  • is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
  • is violent or threatening or promotes violence or actions that are threatening to any other person; or
  • promotes illegal or harmful activities or substances.
COLLECTIVE CONTENT

Users and Practitioners and Providers are permitted to post, upload, publish, submit or transmit relevant information and content (User Content). The Xfactor Collective does not claim ownership right in User Content. By making available any User Content on or through the Site and Services, the User grants to The Xfactor Collective a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use, view, copy, adapt, modify, distribute, licence, publish, reproduce, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of the Site and Services. Users also consent to any act or omission by The Xfactor Collective that would otherwise infringe any rights in User Content including but not limited to the User’s moral rights.

The User agrees that it is solely responsible for all User Content that it makes available through the Site and Services. The User represents and warrants that:

it is either are the sole and exclusive owner of all User Content that it makes available through the Site and Services, or that it has all rights, licences, consents and releases that are necessary to grant to The Xfactor Collective the rights in such User Content, as contemplated under these Terms; and

neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or The Xfactor Collective’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

DISCLAIMERS

The Xfactor Collective does not guarantee that Practitioners and Providers and their Services will be requested by any End Users, nor does The Xfactor Collective guarantee that the End Users will be able to find desirable Practitioners and Providers.

The Xfactor Collective does not endorse any End User, Practitioners and Providers, yet will complete sufficient background checks to ensure the Practitioners and Providers registered with the Collective are sufficiently reference checked. The Xfactor Collective requires End Users and Practitioners and Providers to confirm that they have provided accurate information.

The Xfactor Collective cannot and does not control the content contained in any Profiles or the condition, legality or suitability of any Practitioners and Providers or their Services. End Users are responsible for determining the suitability of Practitioners and Providers that they contact via the Services.

The Xfactor Collective accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site. The Xfactor Collective disclaims any and all liability related to any and all End Users, Practitioners and Providers, Profiles and Practitioners and Providers’ Services.

By using the Site or Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of other End Users or Practitioners and Providers or other third parties will be limited to a claim against the End User or Practitioners and Providers or other third party who caused it harm. The Xfactor Collective encourages the End User to communicate directly with the relevant End User or Practitioners and Providers on the Site and Services regarding any communications or arrangements made between them and to resolve any dispute between them.

To the fullest extent allowable under applicable law, The Xfactor Collective disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.

For the avoidance of doubt, The Xfactor Collective is not responsible for any taxation, visa or immigration matters associated under these Terms. The Xfactor Collective advises that all Users using the Site and Services should seek advice in relation to these matters.

Each End User and Practitioners and Providers who uses the Site and the Services does so at its own risk.

To the fullest extent permitted by law The Xfactor Collective excludes all express and implied conditions and warranties, except for the User’s Rights, including but not limited to:

The Xfactor Collective expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;

The Xfactor Collective does not warrant that the Site, the Services, content on the Site (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the Site or the Services will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to the User is free of viruses or any other harmful components;

The Xfactor Collective takes no responsibility for, and will not be liable for, the Site, the Services, the End User, the Practitioners and Providers and their Services being unavailable, failing to meet the Profile description, failing to meet the User’s needs, or being of less than merchantable quality; and

The Xfactor Collective will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special , consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, Services, Collective Content, inability to access or use the Site, the Services, the Profile, the Practitioners and Providers’ Services, or the Terms, even if The Xfactor Collective was expressly advised of the likelihood of such loss or damage. The User agrees not to attempt to impose liability on, or seek any legal remedy from The Xfactor Collective with respect to such actions or omissions.

LIMITATION OF LIABILITY

The Xfactor Collective’s total liability arising out of or in connection with the Site, the Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed:

  • The limitations of damages set forth above are fundamental elements of the basis of the bargain between The Xfactor Collective and the User. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User.
  • This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of The Xfactor Collective
INDEMNITY

Each User agrees to defend and indemnify and hold The Xfactor Collective (and The Xfactor Collective’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.

The Xfactor Collective reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.

This defence and indemnification obligation will survive these Terms and the User’s use of the Site or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by The Xfactor Collective without restriction.

GENERAL ACCURACY

While The Xfactor Collective will endeavour to keep the information up to date and correct, The Xfactor Collective makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and The Xfactor Collective expressly excludes any liability for such to the fullest extent permissible by law.

TERMINATION

The Xfactor Collective reserves the right to refuse supply of the Services required by any User, terminate any User’s account, terminate its contract with any User, and remove or edit content on the Site at its sole discretion, without incurring any liability to the User.

FORCE MAJEURE

The Xfactor Collective will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.

NOTICE

Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.

WAIVER

Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by The Xfactor Collective of any of the Terms shall be effective unless The Xfactor Collective expressly states that it is a waiver and The Xfactor Collective communicates it to the User in writing.

ASSIGNMENT

A User must not assign any rights and obligations under the Terms whether in whole or in part without The Xfactor Collective’s prior written consent.

SEVERABILITY

If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

JURISDICTION AND APPLICABLE LAW

These Terms, use of this Site, the Services and any dispute arising out of any User’s use of the Site or Services is subject to the laws of Tasmania, Australia, and subject to the exclusive jurisdiction of the Tasmanian courts. The Site may be accessed throughout Australia and overseas. The Xfactor Collective makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If a User accesses the Site from outside Australia, it does so as its own risk and are responsible for complying with the laws in the place where he/she accesses the Site.

ENTIRE AGREEMENT

These Terms and any document expressly referred to in them represent the entire agreement between The Xfactor Collective and each User, and supersede any prior agreement, understanding or arrangement between The Xfactor Collective and each User, whether oral or in writing.

CONTACT/QUESTIONS

For questions and notices, please contact us via email at This email address is being protected from spambots. You need JavaScript enabled to view it. or by mail to PO Box 1211, ELWOOD VIC 3184.

Stay in touch

Sign up to our newsletter to receive the latest news from The Xfactor Collective.

Please type your last name.

Please type your last name.

Invalid email address.