Terms of Service for XCMG Website

Welcome to the official website of XCMG. These Terms of Service (the “Terms”) govern your access to and use of the XCMG websites (the “Site” or “Sites”), including all content provided therein, such as data, text, images, user interfaces, and trademarks (collectively, “Content”). By accessing or using any part of the Sites, you are agreeing to comply with these Terms. If you do not agree with these Terms, you should not use the Site.

This agreement is entered into between you, the user (“you”), and XCMG, a global corporation with its headquarters located in [insert address]. XCMG grants you access to and use of the Sites only upon your acceptance of these Terms without modification. If you are using the Sites on behalf of a company, you represent that you have the legal authority to bind that company to these Terms.

Acceptance of Terms

By accessing or using the Sites, you confirm that you have read, understood, and agreed to these Terms of Service. You also represent that you are authorized to use the Sites and that you have the legal capacity to enter into these Terms. If you disagree with any part of these Terms, please do not access, browse, or use the Sites.

XCMG reserves the right to update or modify these Terms at any time. Your continued use of the Sites after the posting of any changes constitutes acceptance of the latest version of these Terms. We recommend that you review these Terms regularly to stay informed about any changes.

Networked Websites

XCMG may provide access to a variety of networked websites operated by XCMG and its subsidiaries (the “Networked Sites”). These Networked Sites may have their own set of terms and conditions. In case there are conflicts between the general Terms outlined here and the specific terms for a Networked Site, the terms for that specific site shall take precedence.

While these Terms apply broadly to all Networked Sites, additional or different terms may be presented for each specific site, and we encourage you to review them carefully.

Use of the Site

You agree to use the Sites solely in accordance with these Terms and the applicable laws, rules, and regulations. By using the Sites, you agree to comply with all applicable laws governing online conduct, the export of data, and content, including laws relevant to your country of residence.

You agree that you will not:

  • Access, copy, or monitor any part of the Sites using unauthorized methods like web scraping or automated robots.
  • Attempt to gain unauthorized access to any Site, network, or system related to the Sites.
  • Distribute any harmful software or viruses that may damage XCMG’s system or the property of others.
  • Interfere with the normal operation of the Sites or the proper functioning of any features offered.

We reserve the right to restrict or terminate access to the Sites for any user who violates these terms or engages in unauthorized activities.

Intellectual Property Rights

XCMG retains exclusive ownership of all intellectual property rights, including copyrights, trademarks, patents, and other proprietary rights related to the Sites and Content. These rights cover the design, structure, content, and layout of the Sites, as well as any associated materials, such as logos and other content.

You acknowledge that you do not acquire any rights or ownership of XCMG’s intellectual property through your use of the Sites. You are granted only a limited license to access and use the Sites as described in these Terms. Any unauthorized use of the Sites or Content, such as reproduction or distribution of any materials without express written permission, is strictly prohibited.

Grant of License

XCMG grants you a limited, non-exclusive, non-transferable license to access and use the Sites solely for your personal, non-commercial use, provided that you comply with these Terms. This license does not grant you the right to:

  • Reproduce, modify, distribute, or create derivative works from any part of the Sites or Content.
  • Rent, lease, sublicense, or otherwise transfer any rights granted by these Terms to any third party.
  • Reverse engineer, decompile, or disassemble any part of the Sites.

Any use of the Sites or Content outside the scope of this license is strictly prohibited and may result in the termination of your access to the Sites.

Submissions

If you submit any materials (such as feedback, suggestions, or other content) to XCMG via the Sites, those materials will become the property of XCMG. By submitting content, you grant XCMG the irrevocable right to use, distribute, modify, and display that content in any manner, for any purpose, and in any medium, including the right to sublicense these rights to others.

You agree that all materials you submit will be considered non-confidential and non-proprietary, and you waive any “moral rights” in such materials. By submitting content, you confirm that you have the right to do so and that your submission does not violate the intellectual property rights of any third party.

Privacy

By accessing and using the Sites, you agree to the collection and processing of your personal data in accordance with XCMG’s Privacy Policy. The Privacy Policy details how we collect, share, and protect your personal information. For more information, please review our full Privacy Policy, available on the Sites.

Accessibility

XCMG strives to make its website and services accessible to all users, including those with disabilities. If you encounter any accessibility issues, please contact us directly. We are committed to addressing any accessibility concerns and making necessary adjustments to ensure our Sites are inclusive.

Interactive Forums and User Materials

The Sites may offer discussion forums or other interactive features. By participating, you agree not to post any content that is unlawful, offensive, defamatory, or infringes upon the rights of others. You also agree not to upload or share content that could violate intellectual property rights or create legal liabilities.

XCMG reserves the right to remove any content that violates these Terms or that we consider harmful, and may suspend or terminate access to any user who posts inappropriate material.

Social Media Channels

If you engage with XCMG through social media channels, such as Facebook, Instagram, or LinkedIn, you agree to comply with the terms and conditions specific to those platforms. These platforms may have different privacy policies, and we recommend reviewing those before engaging.

Forward-Looking Statements

Any content on the Sites that includes forward-looking statements, including projections and expectations, is subject to uncertainties and risks. These statements are not guarantees of future performance and should be treated as estimates based on current data. Actual results may differ, and XCMG does not undertake to update or revise any forward-looking statements.

No Warranties

The Sites and Content are provided “as is,” and XCMG makes no representations or warranties regarding the quality, accuracy, or reliability of the Sites. We do not warrant that the Sites will be uninterrupted or error-free, and you access the Sites at your own risk.

Limitation of Liability

In no event shall XCMG or its affiliates be liable for any indirect, special, or consequential damages arising out of your use of the Sites or Content. Your sole remedy for dissatisfaction with the Sites is to stop using them.

Indemnification

You agree to indemnify and hold harmless XCMG, its affiliates, and its partners from any claims, damages, or liabilities resulting from your use of the Sites, violation of these Terms, or infringement of any third-party rights.

Termination

XCMG reserves the right to terminate your access to the Sites at its discretion, especially if you breach these Terms. Upon termination, you must stop using the Sites immediately.

Governing Law and Dispute Resolution

These Terms are governed by the laws of [Australia], and any disputes will be resolved in the appropriate courts of [Australia]. If you are located outside of Australia, you consent to jurisdiction in [Australia].

Updating the Sites

We reserve the right to update, modify, or discontinue the Sites at any time without notice. Any changes will be posted on this page, and your continued use of the Sites constitutes your acceptance of the updated Terms.

Electronic Communications

You consent to receiving electronic communications from XCMG. These communications may include notifications, agreements, and other materials related to your use of the Sites.

Linked Sites

The Sites may contain links to third-party websites. XCMG is not responsible for the content of these external sites and does not endorse or guarantee their services. You use these links at your own risk.

Import and Export Compliance

You agree to comply with all applicable export and import laws when using the Sites, including any restrictions imposed by Australian law and international regulations. You will not use the Sites for any purposes that violate these laws.

U.S. Government Rights

The Sites and Content are licensed as “Commercial Items,” and government users are subject to specific usage rights in accordance with U.S. law.

Contact Information

For inquiries related to these Terms of Service, please contact XCMG at:

XCMG Group
31 – 33 Westpool Drive, Hallam VIC 3803
enquiries@xcmg.net.au

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