Website Terms & Conditions

Welcome to Xhale Creative.

These Terms and Conditions (“Terms”) govern your use of the Xhale Creative website (“Website”).

By accessing or using this Website, you agree to be bound by these Terms. If you do not agree, you must stop using the Website immediately.

These Terms form a legally binding agreement between you and Legal entity: The Refinery Collective Pty Ltd ABN: 81 676 434 834 (“Xhale Creative”, “we”, “our” or “us”).

Xhale Creative is an Australian creative agency providing services including, but not limited to:

• Branding


• Logo Design


• Graphic Design


• Website Design & Development


• Marketing Strategy


• Organic Social Media Management


• Paid Advertising


• SEO


• Google Ads


• Photography


• Videography


• Content Creation


• Print Design


• Packaging Design


• Digital Marketing


• Consulting


• Business Growth Services

Information published on this Website is provided for general information only.

You agree that you will only use this Website for lawful purposes.

You must not:

• use the Website to commit unlawful acts;


• interfere with security;


• attempt unauthorised access;


• introduce malware;


• scrape or copy Website data without permission;


• disrupt Website operation;


• impersonate another person;


• submit false enquiries;


• misuse our contact forms.

We reserve the right to suspend or restrict access without notice.

Unless otherwise stated, all intellectual property on this Website belongs to Xhale Creative.

This includes:

• logos


• branding


• graphics


• layouts


• illustrations


• icons


• documents


• downloadable resources


• text


• videos


• photographs


• animations


• presentations


• code


• website design


• strategy documents


• proposals


• marketing materials

Nothing on this Website transfers ownership of intellectual property to you.

You may not reproduce, sell, modify, distribute or commercialise Website content without written permission.

We may display examples of work completed for clients.

Some portfolio work may contain:

• trademarks


• logos


• photographs


• branding


• screenshots


• marketing campaigns

Ownership of client intellectual property remains with the respective owner unless otherwise agreed.

We endeavour to ensure information on this Website is accurate.

However, we do not guarantee that:

• all information is current;


• pricing is accurate;


• services remain available;


• content is complete.

Information may change without notice.

Any quote, estimate or proposal obtained through this Website:

• is not a binding contract;


• may change following discovery;


• is subject to project scope;


• may expire after the period specified.

A project does not commence until accepted in writing.

Website information is general information only.

Nothing published constitutes:

• legal advice


• accounting advice


• financial advice


• taxation advice


• business guarantees

Independent professional advice should always be obtained where appropriate.

Our Website may link to third-party websites.

These links are provided for convenience only.

We do not:

• endorse third parties;


• control third-party content;


• accept responsibility for external websites.

Use of third-party websites is entirely at your own risk.

If you submit:

• enquiries


• testimonials


• reviews


• project briefs


• photographs


• comments


• documents

you warrant that:

• you own the material or have permission;


• it does not infringe another person’s rights;


• it is not defamatory;


• it is not unlawful.

You grant Xhale Creative a non-exclusive licence to use submitted information for responding to enquiries and providing services.

Your privacy is important to us.

Collection and handling of personal information is governed by our Privacy Policy.

Our Website may use:

• cookies


• pixels


• analytics


• advertising technologies

These help us improve Website performance and marketing.

By continuing to use our Website you acknowledge these technologies may be used in accordance with our Privacy Policy.

Although we aim to provide uninterrupted Website access, we cannot guarantee continuous availability.

The Website may become unavailable due to:

• maintenance


• software updates


• server issues


• cyber incidents


• telecommunications failures


• third-party provider outages

We are not liable for temporary interruptions.

While reasonable security measures are implemented, we cannot guarantee the Website is free from:

• viruses


• malware


• hacking


• malicious software

Users should maintain appropriate antivirus and cyber security protections.

To the maximum extent permitted by Australian law:

Xhale Creative excludes all liability for:

• indirect loss;


• consequential loss;


• loss of profits;


• business interruption;


• loss of data;


• loss of goodwill;


• reliance upon Website information.

Where liability cannot be excluded under the Australian Consumer Law, our liability is limited to the maximum extent permitted by law.

Nothing in these Terms excludes, restricts or modifies any rights that cannot legally be excluded under the Competition and Consumer Act 2010 (Cth) including the Australian Consumer Law.

Any guarantees applying under Australian law continue to apply where required.

You agree to indemnify Xhale Creative against any loss, damage, claim or expense arising from:

• your misuse of the Website;


• your breach of these Terms;


• infringement of another person’s rights;


• unlawful conduct.

We may suspend or terminate Website access without notice where we reasonably believe you have:

• breached these Terms;


• engaged in unlawful activity;


• compromised Website security;


• attempted unauthorised access.

We may amend these Terms at any time.

Updated Terms become effective immediately upon publication.

Continued use of the Website constitutes acceptance of the updated Terms.

These Terms are governed by the laws of Queensland, Australia.

You submit to the exclusive jurisdiction of the courts of Queensland.

Xhale Creative

Entity: Legal entity: The Refinery Collective Pty Ltd ABN: 81 676 434 834

Email: info@xhale.com.au

Website: https://xhalecreative.com.au

© Xhale Creative. All rights reserved.