Terms of Use

Welcome to the website of Xen Technologies Pty Ltd as trustee for the Penney Johnson Trust (ABN 64 254 032 118) (“we”, “us” or the “Company”), managed Business IT Services Provider. 

This website is located on the web via the domain https://xenit.com.au and includes all of the files located in that domain (“this site”). 

Agreement to these Website Terms of Use 

By accessing this site, you agree to be bound by these terms of use (“Website Terms of Use”). These Website Terms of Use constitute a binding agreement between you and the Company and govern your use of this site. 

Privacy Policy and Returns Policy 

As part of these Website Terms of Use, your use of this site is also subject to our Privacy Policy (located at https://xenit.com.au/privacy-policy) and our Returns Policy (located athttps://xenit.com.au/returns-policy), which are incorporated by reference into these Website Terms of Use. 

Legal capacity to transact 

If you are under 18 years of age, you cannot place orders through this site. By using this site you represent and warrant to the Company that you are over the age of 18 years. Should the Company suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians. 

Restrictions on use 

Prohibited conduct 

Your use of this site is subject to the rules set out in Schedule 1 below. 

Violations of these Website Terms of Use 

Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice: 

• temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide products or services to you if: 
• you breach any provision of these Website Terms of Use; 
• the Company is unable to verify or authenticate any information that you provide to us; or 
• the Company believes that your actions may cause damage and/or legal liability to the Company, any of its customers or suppliers or any other person; and 
• remove or block access to any information and/or materials (in whole or in part) that the Company, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these Website Terms of Use. 

Indemnity 

You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly): 

• any material or information that you submit, post, transmit or otherwise make available through this site; 
• your use of, or connection to, this site; or 
• your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person. 

Registration and account security 

Requirement for registration 

The Company reserves the right to make any parts of this site accessible only to users who have registered. 

Username and password 

Upon registration with this site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this site. The Company will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Company will be entitled to assume that any person using this site with your username and password is you or your authorised representative. 

You must notify the Company immediately of any known or suspected unauthorised use of any password or any other breach of security. 

User information 

In order to register an account with this site, you must agree to these Website Terms of Use and provide the Company with: 

• a valid email address; 
• accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and 

• any other information that may be required by the Company during the registration process. 

You must promptly update this information to maintain its accuracy at all times.  

You represent and warrant to the Company that all information provided to the Company by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights. 

Multiple accounts and automated account opening 

One person may not maintain more than one account with this site. Accounts registered by “bots” or other automated methods are not permitted. 

Approval of registrations 

The Company reserves the right to accept or reject any application for registration of an account with this site at its discretion. 

Orders 

Order constitutes offer 

By placing an order through this site, you make an irrevocable offer to us to purchase the products/services that you have selected pursuant to these Website Terms of Use. Information contained in this site constitutes an invitation to treat only. No information in this site constitutes an offer by us to supply any products/services to you – however, the Company will endeavour to supply your selected products/services to you. 

We will not commence processing any order made through this site unless and until: 

• payment for the order has been received by us in full; and 
• the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud. 

We reserve the right at our discretion to: 

• at any time prior to your order being accepted in accordance with these Website Terms of Use, cancel all or part of your order; and 

• at any time: 
• refuse to provide products or services to you; 
• terminate your access to this site; and/or 
• remove or edit any content on this site. 

Acceptance of orders 

Acceptance of each order will take place if and when the Company: 

• in the case of physical items, sends the requested items to you, at the time at which the items are despatched by the Company, and title to, and risk in, the items will pass from the Company to you at that time. After the items have been sent, we will send you an email confirming that shipment has taken place; 
• in the case of digital items, either: 
• sends the requested items to you, at the time at which the items are sent by the Company; or 
• notifies you in writing that the requested items are available for download by you, at the time at which such notification is sent by the Company, 

and title to, and risk in, the items will pass from the Company to you at that time; or 

• in the case of services, either: 
• provides the services to you, at the time at which the Company commences providing the services; or 
• notifies you in writing that your order has been accepted, at the time at which such notification is sent by the Company. 

Prices 

The Company reserves the right to change the prices for products/services displayed in this site at any time before you place an order. 

Shipping costs 

Shipping costs will depend upon the location for delivery and the items purchased and are shown separately during checkout. 

GST 

Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be inclusive of GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). 

Payment methods 

Payment for orders placed through this site may be made: 

• by credit card processed online using  secure Stripe payment gateway; 
• via direct bank deposit by electronic funds transfer (EFT). 

Stripe secure payment gateway 

The Company uses the third-party payment gateway provided by Stripe Payments Australia Pty Ltd (ABN 66 160 180 343) trading as “Stripe” for its secure online payment transactions. Payments made through Stripe are subject to Stripe’s own terms and conditions and privacy policy. For more information about Stripe, see the Stripe website (http://www.stripe.com/). 

Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to Stripe, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing/postal address). 

Credit and debit card payments 

All major credit cards and debit cards are accepted. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. Additional transaction fees may apply if paying by credit card, in which case the additional charges will be specified at checkout. 

Payment by EFT 

If you elect to pay for an order by direct deposit using EFT, after your order has been submitted, we will send you an email containing instructions for making the payment, or otherwise provide such information to you, including our bank account details and the reference number for your order. Please quote the reference number for the EFT transaction in order to avoid delays in processing your order. 

Refunds and other remedies 

Except as expressly provided otherwise in these Website Terms of Use, all amounts paid through this site are non-refundable. Further information on the steps that the Company will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading “Remedies limited” in these Website Terms of Use below. 

Security 

While our website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Company. 

The Company may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Company considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you. 

Intellectual property 

Copyright 

In these Website Terms of Use, the term “Proprietary Content” means: 

• this site; 

• all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and 
• all software, systems and other information owned or used by the Company in connection with the products and services offered through this site (whether hosted on the same server as this site or otherwise). 

All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of the Company or other copyright owner (as applicable). 

You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices. 

Trademarks 

The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company. 

User Content 

In these Website Terms of Use, the term “User Content” means any and all content that is submitted, posted or otherwise added to this site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback. 

This site contains some features that enable you and other users to upload User Content. The Company reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you: 

• represent and warranty to the Company that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and 

• grant to the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at the Company’s absolute discretion. 

Copyright claims 

If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action. 

Disclaimer of warranties 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 

This site is provided strictly on an “as is” basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that: 

• the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data; 
• this site will meet your requirements or expectations; 
• anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date; 
• the quality of any products, services, information or other material purchased or obtained through this site will meet any particular requirements or expectations; 

• errors or defects will be corrected; or 
• this site or the servers that make it available are free of viruses or other harmful components. 

Limitation of liability 

Exclusion of liability 

To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person. 

Remedies limited 

To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company’s sole discretion): 

• in the case of goods, to any of the following: 
• the replacement of the goods or the supply of equivalent goods; 
• the repair of the goods; 

• the payment of the cost of replacing the goods or of acquiring equivalent goods; or 
• the payment of the cost of having the goods repaired; and 
• in the case of services: 
• the supply of the services again; or 
• the payment of the cost of having the services supplied again. 

Release 

You agree that your use of this site is at your own discretion and risk. You agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings. 

Force majeure 

To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, the Company excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations. 

General 

Interpretation 

In these Website Terms of Use, the following rules of interpretation apply: 

• headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use; 
• these Website Terms of Use may not be construed adversely against the Company solely because the Company prepared them; 
• the singular includes the plural and vice-versa; 

• a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and 
• the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions. 

Notifications 

The Company may provide any notification for the purposes of these Website Terms of Use by email and/or by adding the notification into your user control panel. 

Costs 

Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use. 

Assignment 

You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without the Company’s prior written consent. Your registration with this site is personal to you and may not be sold or otherwise transferred to any other person. 

The Company may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you. 

No waiver 

Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by you or others does not waive the Company’s right to act with respect to that breach or any subsequent or similar breaches. 

Severability 

The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced. 

Variation 

The Company reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the products/services offered through this site. 

You may only vary or amend these Website Terms of Use by written agreement with the Company. 

Governing law and jurisdiction 

These Website Terms of Use will be governed in all respects by the laws of Queensland. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland and the courts of appeal from them. 

1. – Prohibited conduct 

YOU MUST NOT: 

• use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site; 
• engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure; 
• use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network; 
• use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes; 
• use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site; 

• use this site by any automated means; 
• use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;  
• access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews; 
• interfere with the display of any advertisements appearing on or in connection with this site; 
• reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site; 

• reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use; 
• falsely imply that any other website is associated with this site; 
• do anything that leads, or may lead, to a decrease in the value of the Company’s intellectual property rights in this site; 
• use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site; 
• release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Company without the Company’s prior written consent; or 

• use this site to transmit any information or material that is, or may reasonably be considered to be: 
• abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way; 
• libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised; 
• infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right; 
• in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship; 

• in breach of any person’s privacy or publicity rights; 
• a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement); 
• in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so; 
• containing any political campaigning material, advertisements or solicitations; or 
• likely to bring the Company or any of its staff into disrepute. 

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Returns Policy 

 
Xen Technologies Pty Ltd as trustee for the Penney Johnson Trust (ABN 64 254 032 118) (“we”, “us” or the “Company”) prides itself on providing products of the highest quality and is committed to customer satisfaction. This returns policy describes generally how we manage product returns. Returns remain subject to our Website Terms of Use (https://xenit.com.au/terms-of-use). If you would like more information, please don’t hesitate to contact us. 

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. 

1. A product or good has a major failure when: 

2. it has a problem that would have stopped someone from buying it if they’d known about it; 

3. it is significantly different from the sample or description; 

4. it is substantially unfit for its common purpose and can’t easily be fixed within a reasonable time; 

5. it doesn’t do what you asked for and can’t easily be fixed within a reasonable time; or 

6. it is unsafe. 

Importantly, the rights described in this policy are in addition to the statutory rights to which you may be entitled under the Australian Consumer Law and other applicable Australian consumer protection laws and regulations. 

Please note there may be limitations on your right to return and obtain a refund for products, however these limits will always be subject to your statutory rights. 

Refunds 

Refunds will not be available in any circumstances. If you are not satisfied with any item that you receive from us, you may be entitled to return that item to us in accordance with the below. 

Returns 

Replacement or credit as remedy 

If you are not satisfied with any item that you receive from us, please let us know as soon as possible as we may be able to replace the item for you. In some circumstances, we may provide a credit instead of replacement at our discretion. 

What you must return to us 

To receive a replacement or credit, you must first return the item to us along with its original packaging. 

Returning items within the first 5 Business Days 

If we receive the returned item, or written notice from you that you will be returning the item, within the first 5 Business Days after the earlier of the date of purchase and the date of delivery to you, then we will assess the circumstances (including analysing the returned item, if considered appropriate by us) to ascertain whether or not the Company is at fault and: 

• (Company at fault)  if we consider that the Company is at fault, we will provide a full replacement of the returned item (or a credit at our discretion); or 
• (Company not at fault)  if we consider that the Company is not at fault, then: 
• if the item has been returned in its original condition, we will provide a full replacement of the returned item (or a credit at our discretion); or 

• if the item has been returned broken, damaged, tarnished or worn, we will not provide any replacement or credit. 

Returning items after the first 5 Business Days 

If we do not receive the returned item, or written notice from you that you will be returning the item, within the first 5 Business Days after the earlier of the date of purchase and the date of delivery to you, then we will assess the circumstances (including analysing the returned item if considered appropriate by us) to ascertain whether or not the Company is at fault and: 

• (Company at fault)  if we consider that the Company is at fault, we will provide a full replacement of the returned item (or a credit at our discretion); or 
• (Company not at fault)  if we consider that the Company is not at fault, then no replacement or credit will be provided. The Company may, however, choose to provide a replacement or credit in some cases at its discretion. 

Business Days 

In this returns policy, “Business Day” means a day (other than a Saturday, Sunday or public holiday) when banks in Brisbane, Queensland are open for business. 

Shipping costs 

In all cases, you must pay the costs involved in shipping the returned product back to the Company. If we consider that the Company is not at fault, then no reimbursement in respect of those shipping costs will be provided. If we consider that the Company is at fault, then we will reimburse you for your reasonable shipping costs incurred in returning the product to us.