Terms of service
Terms of service
1. Application and Scope
By accessing this website, you acknowledge that you have read, understood, and agree to comply with the following terms. In case you do not understand or agree to any of the terms, you should immediately exit this website.
These terms of service (hereinafter “Terms") set out the rules for your access to and use of this website and any other website or mobile site where these Terms are posted (collectively “Websites”), purchase of products from the Websites and use of other related services (the “Services”) provided by XREAL Inc., and its subsidiaries and affiliated companies (collectively, "XREAL"). We recommend that you print a copy of these Terms for future reference.
Before you access this Website, please carefully read these Terms. If you do not consent to these Terms, use of XREAL Services may be restricted. XREAL may revise these Terms from time to time by updating these Terms and posting updates on the Websites.
Revised terms will be effective since the effective date as noticed. If a user uses XREAL services after such a revision, the user is deemed to have agreed with the revised terms.
Additional terms may also apply to your use of (and purchases made on) the Websites or receipt of the Services, such as:
· Our Privacy Policy https://www.xreal.com/privacy-policy which sets out further detail on how we collect and handle your personal information.
· Our Return and Refund Policy https://au.shop.xreal.com/pages/return-refund-policy], which sets out the terms and conditions governing the return of any products purchased by you from our Websites.
Unless otherwise specified herein, the terms “you” and “your” refer to users of the Websites or recipients of the XREAL Services, and the terms “we,” “our,” and “us” refer to XREAL, and its successors or assignors.
2. Who we are and how to contact us
[https://au.shop.xreal.com/] is a website operated by XREAL, Inc. We are registered in Hong Kong China.
If you wish to contact us, please use the contact details included at Section 19 of these Terms.
3. Your right to use the Websites and XREAL Services
(1) The Websites are only for your personal use. You may not distribute, exchange, modify, sell, or transmit anything you copy from the Websites, including but not limited to any text, images, audio, and video, for any business, commercial, or non-personal use purposes. You agree not to interrupt or attempt to interrupt the operation of the Websites in any way.
(2) You may use our Websites only for lawful purposes. You may not use our Websites:
(a) In any way that breaches any applicable local, national or international law or regulation.
(b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent intent, purpose or effect.
(c) For the purpose of harming or attempting to harm any person, especially minors, in any way.
(d) To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
(e) To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation.
(f) To knowingly transmit any data, or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other malicious programs or computer code designed to adversely affect the operation of any computer systems, either software or hardware.
(3) When using our Websites, you also agree:
(a) Not to reproduce, duplicate, copy, or re-sell any part of our Websites in contravention of the provisions of the terms of our Websites.
(b) Not to access without authority, interfere with, damage or disrupt: (1) any part of our Websites; (2) any equipment or network on which our Websites are stored; (3) any software used in the provision of our Websites; or (4) any equipment or network or software owned or used by any third party.
(c) You are responsible for ensuring that all persons who access our Websites through your internet connection are aware of, agree to and comply with these terms. You are jointly and severally liable for their actions in relation to their use of our websites.
(d) You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Websites or any Services provided via, or in relation to, our Websites. This includes using (or permitting, authorising or attempting the use of):
i. Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Websites or any data, content, information or Services accessed via the same.
ii. Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard. This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
(4) Please note that we may update and change our Websites from time to time, for example to reflect changes to our products, to accommodate our users' needs and to reflect our business priorities.
(5) We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
4. Registration of user account
(1) Using certain features on the Websites may require creating a user account. When you open an account with XREAL, you should provide true and accurate information only. The username and password used for the Websites and Services should be used by you alone. You cannot lend, transfer or sell the account to another person. XREAL has the right to suspend, close or delete an account in case where it finds the account is used by a person not originally registered or in XREAL’s reasonable judgment you have failed to comply with any of the provisions of these Terms (unless such failure to comply is our fault). Where we suspend, close or delete an account for any of these reasons, we will notify you confirming why the account is being closed and when such closure will take effect.
(2) We may also close your account and your corresponding Services may be terminated if:
(a) Your account has not been used to access any XREAL Service or products for 12 consecutive months; and
(b) There are no current Service subscriptions associated with the account.
(3) You should take reasonable measures to protect your account information and password. XREAL is not liable for losses resulting from the disclosure of the account and password where such disclosure is attributable to you; however, we do not exclude responsibility for security issues attributable to us. You agree that you will inform XREAL without delay if and when the password or account is used without authority or there is a violation of security, etc. If you know or suspect that your account has been compromised, you must promptly notify us at support@xreal.com.
5. Making purchases of products
(1) After placing an order for products on the Websites, you will receive an e-mail from us acknowledging that we have received your order and containing an order reference number and details of the product(s) you have ordered (“Order Confirmation”). The Order Confirmation is acknowledgment that we have received your order and does not mean your order has been accepted by us. We will accept the order when we dispatch the product and confirm dispatch to you.
(2) Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because a credit reference we have obtained is unsatisfactory or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
(3) If the rate of VAT changes between your order date and the date we supply the product or Service, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
(4) Please note, a product's true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different.
(5) We offer a goodwill guarantee which means you may, at your own cost, return devices and accessories purchased from our Websites within 30 days of delivery. This is subject to certain conditions, as set out in our Returns and Refund Policy [https://au.shop.xreal.com/pages/return-refund-policy]. This goodwill guarantee does not affect your legal rights if there is something wrong with your product.
6. Your rights in relation to your purchases
If you think there is something wrong with your product, you must contact our Customer Service Team at support@xreal.com.
7. Changes to the products we sell
We can always change a product available on the Websites to reflect changes in relevant laws and regulatory requirements or to make minor technical adjustments and improvements. These changes should not affect your use of the product.
8. Third-party websites and content
(1) Our Websites may contain links to other websites, as well as articles, photographs, text, video or other content belonging to or originating from third parties or information and materials uploaded by other users of the website, including to bulletin boards and chat rooms (collectively “third-party websites and content”).
(2) Such third-party websites and content are provided for your convenience only, and are not investigated, monitored, or checked by XREAL for accuracy, appropriateness, or completeness. Information and materials on third-party websites have not been verified or approved by XREAL. The views expressed by other users on our Websites do not represent XREAL’s views or values.
(3) You should review the applicable terms and policies, including privacy policy, of any third-party website to which you navigate. XREAL is not liable to you over any claims arising from any purchases you make on third-party websites or from other companies.
(4) Subject to the restrictions set out in this section, you may link to XREAL’s home page, provided you do so in a way that is fair and legal and does not damage XREAL’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on XREAL’s part, or any other type of commercial arrangement with XREAL, without XREAL’s written authorisation. You must not establish a link to our Websites in any website that is not owned by you. Our Websites must not be framed on any other site, nor may you create a link to any part of our Websites other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our Websites other than that set out above, please contact us.
9. Interactive Services
(1) We may from time to time provide interactive services on our Websites, including, without limitation chat rooms and bulletin boards (“Interactive Services”). Where we do provide any Interactive Service, XREAL will provide clear information to you about the kind of service offered, whether it is moderated and what form of moderation is used (including whether it is human or technical).
(2) We will use our best endeavours to assess any possible risks for you from third parties when you use any Interactive Service provided on our Websites, and XREAL will decide in each case whether it is appropriate to use moderation of the relevant Service (including what kind of moderation to use) in the light of those risks. However, XREAL is under no obligation to oversee, monitor or moderate any Interactive Service XREAL provides on our site, and XREAL expressly excludes our liability for any loss or damage arising from the use of any Interactive Service by you in contravention of XREAL’s content standards, whether the Service is moderated or not. Given the open nature of the Internet, you should be careful and selective about the information you disclose in Interactive Services and on the Websites and, in particular, you should not disclose any sensitive, personally identifiable, proprietary or confidential information.
(3) Our products and Services are not intended for children. You may not use our products and Services if you are consider a children under the applicable laws of the jurisdiction where you reside. We advise parents or guardians who permit their children to use an interactive service that it is important that they communicate with their children about their safety online. Minors who are using any interactive service should be made aware by their parents or guardians of the potential risks to them. Where XREAL does moderate an interactive service, XREAL will provide you with a means of contacting the moderator, should concerns or difficulties arise.
10. Content standards
(1) These content standards apply to any and all material which you contribute to our Websites (“Contributions”), and to any Interactive Services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Contribution as well as to its whole.
(2) Contributions must:
(a) Be accurate (where they state facts).
(b) Be genuinely held (where they state opinions).
(c) Comply with applicable law in any country from which they are posted.
(3) Contributions must not:
(a) Contain any material which is defamatory of any person.
(b) Contain any material which is obscene, offensive, hateful or inflammatory.
(c) Promote sexually explicit material.
(d) Promote violence.
(e) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(f) Infringe any copyright, database right or trade mark of any other person.
(g) Be likely to deceive any person.
(h) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
(i) Promote any illegal activity.
(j) Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
(k) Be likely to harass, upset, embarrass, alarm or annoy any other person.
(l) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
(m) Give the impression that they emanate from XREAL, if this is not the case.
(n) Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
(4) You warrant that your Contributions on the Websites comply with these standards, and you are liable to us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Websites constitutes a violation of their intellectual property rights, or of their right to privacy.
(5) If you wish to complain about information and materials uploaded by other users, please contact us at support@xreal.com.
11. Intellectual property rights
(1) All intellectual property rights in all material or content supplied as part of the Websites, including but not limited to copyright, trademark, patent, business secret and other monopoly information relating to the Websites (including but not limited to text, image, audio, video, graphic, interface, design, layout structure, related data or electronic documents), shall remain at all times vested in XREAL or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
(2) You may not copy, download or print any portion of our Websites without XREAL's prior written permission in each instance. Any permission granted will be for personal use only, and XREAL’s status (and that of any identified contributors or licensors) as the authors of content on our Websites must always be acknowledged. You must not use any part of the content on our Websites for commercial purposes without obtaining a license from XREAL or our authorised licensors. If you print off, copy or download any part of our Websites in breach of these terms, your right to use our Websites will cease immediately and you must, at XREAL's option, return or destroy any copies of the materials you have made, in addition to XREAL's other remedies under the law or in equity.
(3) You will retain all ownership in intellectual property rights relating to content that you make, upload or disclose via the Websites and Services. However, you agree that this content can be used by XREAL across the world to provide Services within the limit permitted by law.
(4) XREAL or our employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works via our Websites. If you do so, you waive any and all rights in the content so transmitted, including any and all intellectual property rights, and agree that XREAL, our employees, or any third party may use your ideas and materials for any purpose and will not treat them as confidential or proprietary.
12. Warranty
XREAL AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS AND LICENSORS AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES MAKE NO REPRESENTATIONS ABOUT THE WEBSITES, ANY PRODUCTS AND SERVICES CONTAINED ON THE WEBSITES OR THE SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIALS, INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THE WEBSITES FOR ANY PURPOSE. THE WEBSITES, ANY PRODUCTS OR SERVICES (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE WEBSITES, AND ALL SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS ARE PROVIDED FOR YOUR USE AT YOUR OWN RISK AND "AS IS" WITHOUT WARRANTY OF ANY KIND. XREAL AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITES, SUCH PRODUCTS AND SERVICES AND SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
13. Limitation of liability
(1) You understand and agree to following to the extent permitted by law:
(a) The Websites and Services are provided to you "as it is" and you use the Websites and Services under your own responsibility and bear the risk of such use yourself.
(b) XREAL is not liable for damages or losses incurred as a result, including: (1) any damages or losses caused by users’ violation of this agreement; (2) any damages or losses caused by user’s use of our Websites in a way not designed for, intended or permitted by XREAL; (3) indirect loss or special loss; (4) losses incurred by using our Websites to link to third-party content; (5) losses incurred by a reason attributable to the user (this includes, but is not limited to physical injuries or harms to the user such as visual impairment from over usage of this services); (6) other losses arising for reasons not attributable to XREAL.
(2) XREAL does not make any promise or guarantee for any detailed matters that are not specified in these Terms in relation with Services within the scope permitted by law, which are stated as exemption clauses. While we will use reasonable endeavours to verify the accuracy of any information on the Websites, we make no warranties, whether express or implied, in relation to its accuracy. We make no warranty that the Websites will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected. We do not make any guarantees relating to the full functionality, accuracy, reliability of the Websites. We do not guarantee that our Websites, or any content on them, will be permanently available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Websites for any reason. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Websites.
(3) We are not responsible for viruses, malware, trojans, spyware, or other malicious script or code of any kind or nature, and you must not introduce them. We do not guarantee that our Websites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Websites. You should use your own virus protection software. You must not misuse our Websites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Websites, the server on which our Websites are stored or any server, computer or database connected to our Websites. You must not attack our Websites via a denial-of-service attack or a distributed denial-of service attack. In the event of a breach of this provision, your right to use our Websites will cease immediately.
(4) Our responsibility for your loss:
(a) Our Websites are intended for private use only. If you use our Websites for any commercial or business purposes, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
(b) If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
14. Governing law and place
This agreement and any disputes, claims or proceedings arising out of or in any way relating to this agreement shall be governed by the laws of P.R. China without reference to its conflict of laws rules. Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall first be resolved between the Parties through amicable negotiation, failing which, shall be referred to and finally resolved by a court of jurisdiction in Beijing, China.
15. Force Majeure
Unless otherwise provided in the terms and conditions of the relevant products or Services, under no circumstances shall XREAL be held liable for any delay or failure or disruption of the content or the Services resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, computer viruses, cyber-attacks, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties (each, a "Force Majeure Event"). In cases where either party fails to fulfil the obligation under these Terms due to a Force Majeure Event, the party shall not be deemed to have breached such Terms.
16. Suspension and termination
XREAL will determine, in XREAL’s sole and absolute discretion, whether there has been a breach of these terms through your use of our Websites. When a breach has occurred, XREAL may take such action as we deem appropriate. Failure to comply with these constitutes a material breach of the Terms upon which you are permitted to use our Websites, and may result in XREAL taking all or any of the following actions:
(1) Immediate, temporary or permanent withdrawal of your right to use our Websites.
(2) Immediate, temporary or permanent removal of any posting or material uploaded by you to our Websites.
(3) Issue of a warning to you.
(4) Further legal action against you.
(5) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
17. General conditions
(1) These Terms comprise the entire agreement between our users and us and supersedes all written or oral communications, agreements, statements and related contents previously made. These Terms will prevail against other conditions or agreements included or mentioned in other methods or implicitly in a transaction, convention or the course of a transaction between you and XREAL, unless expressly stated.
(2) XREAL's failure to exercise any right under these Terms does not constitute a waiver of the rights concerned. This means that we might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later. A waiver of rights under these terms is not valid unless otherwise consented to in writing and signed by the company. A waiver for a violation of agreement does not comprise a waiver for future violation or condition.
(3) if for any reason a clause or a part of the clause of these terms is found to be illegal, impossible to fulfil, invalid or otherwise unenforceable under applicable law, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms.
18. Language
These terms of service are written in the English language. Translations in other languages have been provided for your convenience. In case of discrepancies between the English text version and any courtesy translation, the English version shall prevail.
19. Trade marks
The trade marks, logos, service marks and trade names displayed on the Websites or as part of the contents of the Website (including, without limitation, 'XREAL') are registered and unregistered trade marks of XREAL and other persons (collectively, the “Trade Marks”), and may not be used unless expressly authorised by the applicable Trade Mark owner. Nothing contained on the Websites should be construed as granting, expressly, by implication, estoppel, or otherwise any licence or right to use any Trade Mark displayed on the Websites, without our written permission or that of the applicable third-party rights holder.
20. Contact us
If you have any questions about these terms, please contact us at: XREAL Inc.
Email: support@xreal.com
Postal Address: RM 1901, 19/F LEE GARDEN ONE 33 HYSAN AVENUE CAUSEWAY BAY, HONG KONG