General Terms

By accessing, browsing or otherwise using this website (“Website”) you agree to these Terms and Conditions. These Terms and Conditions may be amended by Percolate Pty Ltd (Percolate) from time to time. Your continued use of the Website following any changes to the Terms and Conditions indicates that you accept any changes. If you do not agree to be bound by these Terms and Conditions, then you should not access or view this Website.

XPotential™ is a trademark registered by Exploding Potential Pty Ltd. Percolate has exclusive license for the rights to the use of this trademark and the Intellectual Property of Exploding Potential Pty Ltd in Australia and New Zealand.

This Website is provided by Percolate, a company registered in Victoria, Australia (ABN  66 328 450 170). Any questions or inquiries that you have concerning these Terms and Conditions, or the Website should be addressed to XPotential at our postal address:
PO Box 237
Hampton
VIC 3188
AUSTRALIA

or by e-mail using the following address: enquiries@xpotentialanz.com

All rights not expressly granted in these Terms and Conditions are expressly reserved by Percolate.

References to ‘Percolate’ , ‘XPotential’ , ‘we’ , ‘us’ and ‘our’ are references to Percolate Pty Ltd  and any of its subsidiaries, employees, affiliates, officers or agents.

Your use of this Website and downloads from it, and the operation of these Terms & Conditions, shall be governed in accordance with the laws of Victoria, Australia and you irrevocably agree to this. The Victorian courts shall have exclusive jurisdiction over any dispute arising out of your use of this Website. You are responsible for compliance with any applicable laws of the country from which you are accessing this Website.

Intellectual property

The information sheets, brochures, videos and other materials (‘Materials’) provided by Percolate (“we”, “us”, “our”) via this site are provided on the basis of the terms and conditions set out below:
  • We own all intellectual property rights in or relating to the Materials.
  • The Materials are provided for the purpose of general information only and are not intended to constitute advice. We therefore do not accept responsibility or liability to users or any third parties in relation to the use of the Materials or the relevant content.
  • You are not entitled to use the Materials other than for your own personal use and you will not make or derive any commercial use of the Materials or modify, distribute, reproduce or disclose them without our prior written consent.
  • All uses of the Materials by you must be in accordance with good, honest practice and you will not use the Materials for any illegal purpose or any other use which might reflect negatively on us or our business or bring us into disrepute.
  • If you wish to use content, images or other intellectual property, you should submit your request to us at the following email address: enquiries@xpotentialanz.com
Exclusion of Competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.

Copyright

This website is the copyright work of Percolate Pty Ltd and contains trademarks which are the property of Exploding Potential Ltd (XPotential) including, without limitation, the words XPotential ® and the XPotential logo ®, (the “Marks”). No rights, of ownership or otherwise, are hereby granted in or to the Marks or in or to the copyright work; which may not be modified, reproduced or distributed in whole or in part without the prior written consent of Percolate.

Accuracy of Content

We have taken proper care and precautions to ensure that the information we provide on this Website is accurate.  However, we cannot guarantee, nor do we accept any legal liability arising from or connected to the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.

The information contained on this Website should not take the place of professional advice.

Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Cybercrime Legislation Amendment Act 2012. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

© Percolate Pty Ltd 2018. All rights reserved.

This website also contains trademarks owned by third parties and which are subject to restrictions and other conditions of use. You are required to obtain the consent of the relevant third party to any reproduction or other use.