TERMS OF USE

1.0 General

1.1 Our Website

Thank you for visiting our website.

The 4x4RV website is owned and operated by Xpollinate Pty Ltd ABN 14 627 022 15 (“Xpollinate”).

In these Terms of Use, “our website” refers to all information, services, text, graphics and other data contained under the domain name 4x4rv.com.au; “we”, “our”, and “us” refers to Xpollinate and its related entities; and “you” or “your” refers to the person accessing our website.

Your use of our website is governed by these Terms of Use and our Privacy Policy. Your access and use of our website constitutes your agreement to these Terms of Use.

1.2 Acknowledgement

Your use of our website acknowledges your acceptance of these Terms of Use and our Privacy Policy. You acknowledge and accept that certain parts of our website function as a Social Media site, the Xpollinate Wall, and that information and content you submit to the Xpollinate Wall will be freely visible to other website users.

Any failure or partial failure by us to exercise any right, power or remedy under these Terms of Use shall not operate as a waiver of our rights.

These are the current Terms of Use and replace any other Terms of Use previously published on our website to date. Our Terms of Use may be varied at any time without notice (where permitted by law) for security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of our website, by publishing the varied Terms of Use on our website.

We will indicate on our website that these Terms of Use have changed; however, we are under no obligation to specifically contact or notify you of any variation to these Terms of Use. You accept that by doing this, we have provided you with sufficient notice of the variation. By your use of our website after any variation, you are taken to have accepted the new Terms of Use.

1.3 Privacy

The privacy and security of our customers is extremely important to us. We are committed to protecting the privacy of the personal information we hold and to handling it in a secure and responsible manner in accordance with the Commonwealth Government’s Privacy Act and the Australian Privacy Principles. Our website will record and track the use you make of our website and certain data items will be collected and used by us in order to provide insurance quotations, service provider portals and other online services.

Notwithstanding any other terms in these Terms of Use or our Privacy Policy, you agree and acknowledge that when you submit comments, or other personal content, for public display on the Xpollinate Wall or any other part of our website, that content may be displayed by us publicly and may be available for any person to view and/or comments on and/or download.

Please read our Privacy Policy located on our website, which explains how we collect store and use certain information provided to us.

1.4 Accuracy

Whilst we have undertaken all reasonable steps to ensure that all information contained in our website is accurate and free from error, we do not warrant the accuracy, adequacy, or completeness of information on our website. All information is subject to change without notice. We do not guarantee that our website, or websites of those linked to our website, will function as intended, be uninterrupted, or will be free from viruses.

1.5 Indemnity

Should you do anything in breach of these Terms of Use, you agree to indemnify us in respect of any liability incurred by us for any loss or damage that we may suffer or any costs that may be incurred arising from your breach.

Whilst every effort is made, we do not warrant the accuracy, adequacy or completeness of site content, nor do we guarantee that the site will function as intended or be uninterrupted. You should take precautions.

1.6 Website Links

Within our website, there may be links to other websites or applications which are owned and operated by entities that are independent of Xpollinate.

These links are provided for your convenience only. We do not approve, sponsor or endorse these websites, nor information, services, text, graphics, or data which is contained within their websites. We do not accept responsibility for any inaccuracy in information or representations made on those websites and we will not be liable for any loss that may be suffered as a result of using those websites.

1.7 Restrictions on Use

In using our website, you agree that you will not either directly or via any third party:

• use our website for any other purpose, other than as a legitimate customer or Xpollinate authorised service provider or for a non-commercial purpose unless authorised by us;

• take any action which may disrupt access to; cause damage; or interfere with; the proper operation of our website;

• take any action that places an unusually large load on the infrastructure of; or bandwidth connecting to; our website;

• take any action that include the use of any data accumulation tool, robot or spider to compile, disseminate, extract, process, monitor, or copy any web pages from our website, inclusive of any information, data, graphics or content contained within our website, without our prior written consent;

• take any action that involves decompiling, reverse engineering, reverse assembling, attempting to reveal source code or other processes or formulas, connected with our website software;

• copy, reproduce, alter, modify, or display in public any part or content from our website, without our prior written consent;

• link any part of our website without our authorisation and written permission.

1.8 Intellectual Property

• Copyright on the services, information, text and graphics on our website is owned or licensed by Xpollinate or has been reproduced by Xpollinate with the necessary recognition to the owner.

• No part of our website, inclusive of information, services, text and graphics, and other data may be reproduced, stored, modified, adapted, uploaded to another location, and produced for display in public in any form without our prior specific written consent.

• “4x4RV.com.au” is a registered website of Xpollinate Pty Ltd.

1.9 Jurisdiction

The law applicable to our website and to disputes arising out of our website is the law of the state of Victoria, Australia. By using our website you irrevocably submit to the jurisdiction of the courts of the state of Victoria, Australia and any courts which have jurisdiction to hear appeals from such courts.

1.10 Xpollinate Wall

Certain parts of our website function as a Social Media site, the Xpollinate Wall. Information and content you submit to the Xpollinate Wall will be freely visible to other website users; however you acknowledge that we may screen the content that is submitted to the Xpollinate wall. By using the Xpollinate Wall, you:

• grant us the right to publish any content you submit without compensation and restriction of use;

• acknowledge that you are fully responsible for the content you submit and that we will not be liable in any way for the content and will not be deemed to have authorised or endorsed the contents; and

• warrant you will not submit any content that is unlawful, fraudulent or that may breach intellectual property rights or privacy law, will not defame any person, is not obscene, derogatory or racist.

2.0 Terms of Use specific to consumers

2.1 Product Information

We only provide factual and sometimes general information on our website about third party product and services. If you are considering purchasing a product or service, you should ensure that you read and understand the relevant Specifications or Product Disclosure Statements (available on our partners websites). The factual information provided on our website does not form part of any Specification or Product Disclosure Statement issued by Xpollinate unless specified.

2.2 No Advice

Our website does not claim to provide you with any personal or product investment advice of any kind. Our website and the information it contains does not take into account your particular financial position or requirements. You should always seek independent advice with sales agents before acting upon any of the information contained on our website or other website links contained in our website.

2.3 Electronic Transactions

Our website may enable you to make certain transactions online, whether this relates to you making a deposit, or any other transaction. These transactions will not be complete until we have received and processed your confirmation.

Your confirmation means any communication issued or transmitted by you to us via our website or other electronic means, containing your acceptance in relation to our offer, or your confirmation of payment, whichever is applicable.

Your confirmation of any payment may not be received by us for reasons inclusive of mechanical, software, computer, telecommunications, or electronic failure, or the omission or failure of other providers or systems, which are outside of the control of either party. You acknowledge that we are not liable to you in any way for loss or damage at all and however caused, directly arising out of; or indirectly in connection with the transmission of; your confirmation to us.

2.4 Purchasing a Recreational Vehicle

You can use our site to commence the process of obtaining a valid and binding sales contract with a third party and there is a three-step process:

1. You complete a contact form with the details of the recreational vehicle you are interested in.

2. You will be sent a copy of the information that you provide via email.

3. We will forward your details and the information you have provided to the most relevant sales agent to contact you and provide a quote.

4. You may secure this quote by providing a deposit on the terms set out by the sales agent.,

You may be contacted either by email, sms, telephone or all three (3) at any stage during the online quote process to finalise your quote. Nominated sales advisors will assist in answering any questions you may have in relation to the quote. They will provide factual information about the product for which you have requested a quotation, and in certain instances they may also provide general advice.

2.5 Issuing a Sales contract

Any sales contract that you enter into with any partner provided with your details will be solely between you and the issuer of that sales contract. Xpollinate Pty Ltd has no part in that agreement nor the performance in the delivery of products or services or their quality or performance whatsoever. Xpollinate Pty Ltd may receive a commission for a sale that comes from an enquiry from its website in return for the provision of its services

3.0 Terms of use specific to Xpollinate sales and service providers

As a Xpollinate authorised sales or service provider, you may be provided with access to the service provider portal. If you are provided with access to the service provider portal you acknowledge and agree that:

• you are solely responsible for all activities that occur on your service provider portal account;

• your password to access the service provider portal is confidential;

• you will keep your personal details and other information in your service provider portal up to date;

• nothing within these terms of use replace the service level agreement that you have agreed with us;

• you will comply with Xpollinate's Privacy Policy and the Australian Privacy Principles when handling any personal information we provide to you.

4.0 Contact Us

If you have any questions relating to the Terms of Use or any other aspect of our website, please contact us via email info @Xpollinate.com.au, telephone 1300 496 337 or from the Contact Us section on our website.

© Xpollinate Pty Ltd

Prepared July 2020

Xpollinate's Cookie Policy

Xpollinate Pty Ltd ( “Xpollinate”, “we”, “us”, “our”) collects and uses data related to your online activity using cookies and other related technologies to deliver and improve our websites, to display relevant content, products, services and advertising. This policy provides information about how and why we do this.

In this policy, “our website/s” refers to all information, services, text, graphics and other data contained under the domain names 4x4rv.com.au and “you” or “your” refers to the person accessing our websites.

By using this website, you agree that we can use these cookies as described in this policy. We may change this policy at any time.

WHAT IS A COOKIE?

Cookies and other tracking technologies are small text files of data that are placed on your computer by the websites that you visit that uniquely identify your browser or device. Websites, apps and other services send this data to your computer or mobile device so that the website, app or other service can access information when you access pages from the server. They are widely used in order to make websites work more efficiently, help remember your preferences, and provide information to the owners of the website.

WHAT COOKIES DO WE USE?

Xpollinate uses a variety of different types of cookies on our websites, including:

• ‘First party cookies’ are those cookies that come from Xpollinate’s server, that we set up on your computer or other device.

• ‘Third party cookies’ are those that are stored by a different domain than Xpollinate and are set up on our behalf. We can access the cookies for activities such as advertising or tracking performance of ads on other websites. These cookies may also be required to show certain forms, such as the submission of a job application, or to allow for some advertising outside of the Xpollinate website.

• ‘Performance cookies’ are cookies that collect information about how you have used the website so that less strain is placed on our backend infrastructure. These cookies may also be used to allow us to know that you have logged in so that we can serve you fresher content than a user who has never logged in. The information collected is used to improve how the website works. For example, they collect information about which pages visitors go to most often and help Xpollinate to provide a better user experience on our website.

• ‘Functionality cookies’ are cookies that allow us to tailor the website to you to provide enhanced features and content for you and to remember how you’ve customised the website in other ways. The information these cookies collect may be anonymous, and they are not used to track your browsing activity on other sites or services.

• ‘Strictly necessary cookies’ are essential in order to enable you to move around the website and access its features. Without these cookies, not all features are visible or available to be used.

HOW DO WE USE THEM?

Xpollinate uses these cookies to:

• Ensure our website works properly for you.

• Collect information about how our website is performing, including how many people are visiting our website and what they are doing or using on our website.

• Collect information about your choices and preferences (eg your location, language, screen zoom and text size) to tailor our website to you as much as possible.

• Personalise our advertising and marketing to you. Cookies allow us to limit the number of times you see something on a website and deliver advertising and other marketing material that are relevant to you by remembering websites that you visit.

HOW DO THIRD PARTIES USE COOKIES ON OUR WEBSITE?

Xpollinate may use third parties and their cookies to provide certain services on our websites. For example, we use analytics services to collect visitor information so that we can better understand how to improve our products and services for you. Third parties may place a cookie (either on our behalf or their own cookie) on your device and uses the collected data and information to evaluate the use of our website and to provide online reports, which show the activities on our website, and to provide other services concerning the use of our website for us. Information collected includes your IP address, location of the device being used and frequency of use of the website. Additionally, Xpollinate may embed content from other websites which may present cookies from these websites. We do not control these third-party cookies and their use may be governed by the privacy policies of the third parties employing these cookies. To learn about these cookies and to disable or reject third-party cookies, please refer to the relevant third party’s website.

HOW LONG WILL COOKIES STAY ON MY COMPUTER OR DEVICE?

The length of time a cookie will stay on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your computer or mobile device until they expire or are deleted.

HOW CAN I STOP USING COOKIES?

Most internet browsers automatically accept cookies, although you choose whether or not to accept cookies via your internet settings. You can also set your internet browser to prompt you to accept cookies each time one is detected. You are also able to delete cookies from your browser at any time, however please note that if cookies are not accepted, you may not be able to experience some of the websites’ features.

CONTACT US

If you would like further information about our Cookie Policy or about how we manage your personal information, please contact us:

• If you live in Australia, call one of our consultants on 1300 496 337

• Emailing us using the enquiry form on this website