Please read the Xtour 3D terms and conditions as well as the host platform’s (Matterport) terms and conditions carefully before entering into an agreement to use our services and platforms.

Matterport terms and conditions:

https://matterport.com/terms-of-use

https://matterport.com/legal/platform-subscription-agreement

Xtour 3D terms and conditions:

Interpretation and Definitions

Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions
For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Country refers to Australia.
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to XTOUR 3D, 2/56 Princes St, Watsonia 3087 .
• Device means any device that can access the Service such as a computer, a cell-phone or a digital tablet.
• Product/Goods refers to the generated 3D virtual model inclusive of any access to or extension of.
• Service refers to the physical capture of raw data and access to the website and XQM portal.
• Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the TermsFeed Terms and Conditions Generator.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• Website refers to XTOUR and XQM, accessible from https://xtour.com.au/ and https://xqm.au
• You/r means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Product or Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Agreement of these terms and conditions as well as Our Privacy Policy and Security Policy is deemed to have been reviewed and accepted upon the acceptance of any quote or estimate provided by Xtour 3D in any form, whether written or verbal.

Payment by You to the Company for any Service/Product does not constitute ownership of the Service/Product and at no point does the ownership transfer from the Company to You. The Service and Product remains the property of Matterport Inc. which is distributed via Xtour 3D and You are only provided access to the Service/Product at the discretion of Xtour 3D via the Website or XQM online portal. In the event Matterport Inc. no longer provides access to all or any part of the Product for any reason, Xtour 3D will not be liable for the loss of access to the Product by the Customer. Further, Xtour 3D will not be liable for compensation, either directly or indirectly as a result of this loss of access to the Product and payments made to Xtour 3D will not be refunded. Xtour 3D also reserve the right, at our discretion, to stop or allow partial access to the Product as we see fit. Disabling or limiting access by Xtour 3D will not constitute grounds for the Customer/You to make any claim for loss whether direct or indirect or financial or non-financial. Xtour 3D will make reasonable efforts to ensure that Your access to the Product is retained. All generated virtual tour links provided by Xtour 3D to You, which allow access to the virtual tour, have ‘Unlisted’ privacy settings and are viewable by anyone with access to the virtual tour link. Neither Xtour 3D nor Matterport Inc accept any liability nor take any responsibility for any claim for loss whether direct or indirect or financial or non-financial as a result of unauthorised access to the virtual tour. If requested, Xtour 3D can apply ‘Password Protected’ privacy settings to the virtual tour link generated by Matterport Inc, which requires a password to be entered in order to view the virtual tour every time. Xtour 3D will accept this request if the request is provided in written format and a password is provided. This password will be held in accordance with our Privacy Policy and Security Policy.

All quotes and subsequent invoices in relation to the Service and Product are served under the Security of Payment Act 2002 and will have this noted on them when submitted for processing by You upon the completion of the Service.

Xtour 3D reserve the right to use Your collected data as well as company logo and branding, whether in raw or edited form, for marketing and sales purposes at Our discretion. Xtour 3D will use Your data from time to time on social media platforms, for new business and discussions with other customers. Xtour 3D will take reasonable steps in order to ensure that Your privacy is managed during this process and minimal, if any, sensitive information is shared. Xtour 3D may inform You when Your data is being used for this process.

All information provided, including but not limited to; reports, checklists, scans, point clouds, 3D virtual models/tours, design files, documents, etc, are for general advice only and provide no recommendations based on professional services. This information is only intended to record and document the visible existing cosmetic conditions of the building / property within the inspection area as agreed in the quoted scope of works. This information is not to be used for construction planning, sequencing, methodologies, measurements or alike and is not an inspection or provide any commentary on building and construction compliance, testing or certification of systems and fixtures and at no point has included any destructive inspection practices. Xtour 3D’s supplied information does not constitute a specialist inspection report, including but not limited to inspections such as; structural, civil, pest, fire safety, electrical, hydraulic or geotechnical survey. Xtour 3D’s supplied information does not include any consideration for below ground items not immediately visible or recordable at the time of the inspection/scanning as well as items not visible due to impediment at the time of inspection / scanning.

Any provided scans / models / documentation is for reference and design concept purposes only. Xtour 3D takes no responsibility for construction purposes and any errors or incurred costs that may arise from the incorrect use of Xtour 3D content. Acceptance of quote and payment of associated invoice is deemed as the information provided having been reviewed and approved as being accurate and without fault or omission, and indemnifies Xtour 3D and any applicable subcontractors / subcontracted work of any financial penalty or otherwise that may arise from the incorrect use of Xtour 3D content and materials.

Xtour 3D note that any provided scans, models, documentation etc are for information only. Xtour 3D note that this is not a replacement for your own quality assurance processes including the taking of photos or media and that this information cannot be used/relied upon for construction, planning, reference or sequencing. Xtour 3D strongly advise our clients to also complete their own quality assurance and take pictures and videos of the areas of which the model will be completed. Should payment not be processed/received in line with agreed payment terms, access to the provided scans and model from Xtour 3D will be removed. Any other documentation received is to be destroyed and not relied upon in any capacity or circumstance.

Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service and Products will cease immediately.

Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer
The Service/ Product is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service/Product after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service/Product.

Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By email: admin@xtour.com.au