Website Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE
These Website Terms of Use (“Terms of Use” and “Terms”), (together with the documents referred to in it) sets out the terms on which you may make use of our website https://www.xono.online (our “Website”). Use of our Website includes accessing, browsing, or using our Website or submitting contact information to us.
WHO WE ARE AND HOW TO CONTACT US
https://www.xono.online is a website operated by Xono Limited (“we”, “us” and “our”). We are incorporated in the Isle of Man under company number 134387C and have our registered office at 96 Fairways Drive,
Mount Murray, Santon,
Isle of Man,
IM4 2JF. We are a limited company.
You can contact us via email: support@xono.online or hello@xono.online or mobile: +27 61 310 7965 (SA) OR +44 7624 353350 (UK).
BY USING OUR WEBSITE YOU ACCEPT THESE TERMS
By using our Website, you confirm you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website. We recommend that you print a copy of these Terms for future reference.
1. OTHER APPLICABLE TERMS THAT MAY APPLY TO YOU
These Terms refer to the following additional documents, which also apply to your use of our Website:
  • our Privacy Policy. See further under 'How We Use Your Personal Data' below.
  • our Cookie Policy, which sets out information about the cookies on our Website.
  • our End User Licence Agreement will apply if you download and use our mobile application(s) available from time to time on Apple iOS and Google Play Android Stores and third-party app stores (“Mobile App”);
  • our Subscription Agreement will apply if a business or organisation contracts with us for the use and licence of our products and/or services for its business operations, to safeguard its employees, agents, contractors and/or if to be used within an educational setting, includes students (as the case may be).
2. CHANGES TO THESE TERMS
We may amend these Terms from time to time. Every time you wish to use our Website, please check these Terms to ensure you understand the terms that apply at that time.
3. CHANGES TO OUR WEBSITE
We may, from time to time, update and/or change our Website to reflect changes to our products, services, our users' needs and our business priorities. We will try to give you reasonable notice of any material changes to our Website.
4. WE MAY SUSPEND OR WITHDRAW OUR WEBSITE
Our Website is made available free of charge.
We do not guarantee that our Website, 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 Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
5. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under your contract with us.
6. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@xono.online.
7. DO NOT RELY ON INFORMATION ON THIS WEBSITE
The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
8. LINKS FROM OUR WEBSITE AND THIRD-PARTY CONTENT
Where our Website contains links to other independent websites and/or resources provided by third parties, these websites are provided for your information only. Such independent websites are not under our control, and we are not responsible for and have not checked and approved their content, information or their privacy policies (if any).
From time to time our Website may contain content and/or information from third party providers which may include articles, provide access to safeguarding consultants and/or trainers etc.
You will need to make your own independent judgement about whether or not to use, correspond with, any such independent websites, content and/or third parties, including whether to buy any products or services offered by them.
We do not endorse, nor approve any third-party linking website, nor the content, products or services offered of any website, or third party made available via our Website and/or services.
9. LINKS TO OUR WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our 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 our part where none exists. You must not establish a link to our Website in any website that is not owned by you.
Our Website must not be framed on any other website, nor may you create a link to any part of our Website 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 Website other than that set out above, please contact support@xono.online.
10. VIRUSES
We do not guarantee that our Website will be secure or free from errors, bugs or viruses. You are responsible for configuring your computer programmes, devices and technology you use to access our Website. You should use your own virus protection software and should take all appropriate safeguards before downloading information or content from our Website.
11. HOW TO COMPLAIN ABOUT OR REPORT CONTENT
If you wish to complain about content uploaded to our Website, please contact us on support@xono.online.
12. PROHIBITED USE
In using our Website, you hereby warrant and undertake you will not, and will not permit or knowingly assist any third party to:
  • interfere with the integrity or security of our Website, services or our related systems;
  • take any action that imposes or may impose an unreasonable or disproportionately large load on our service infrastructure;
  • sell, licence or sub-licence, lease, assign, transfer, pledge, or share any rights granted under these Terms with any third party except as expressly permitted hereunder;
  • disassemble, decompile, reverse engineer, decipher or otherwise, attempt to discover the source code or any part of it, technology or component included in the services;
  • in accordance with clause 12.2, upload or attempt to upload any viruses, worms, trojans or other malicious code or information through the services or permit or assist any third party to do so;
  • interfere with the proper functionality of the services;
  • circumvent or attempt to circumvent the measures we may use or put in place to prevent or restrict access to our services;
  • use our services for anything which may be considered illegal, immoral, or similar, or could give rise to civil liability or similar lawsuits;
  • modify the services or insert any code or product or in any other manner manipulate the services or create any derivative work from the use of our services;
  • use our services in any manner that violates or infringes the rights of any third party, including intellectual property rights;
  • attempt to frame our services or similar, or add code to, or attempt to copy, crawl, index, cache or store any information on our Website and/or services;
  • send spam or other unwelcome communications or content to other users;
  • act in an unlawful, defamatory, abusive, obscene, discriminatory or otherwise objectional manner and you agree any content you upload via the Website and/or services whether by way of reports, reviews, comments or similar, will not contain anything which may, without limitation, be considered illegal, defamatory, libelous, slanderous or otherwise, or contain any threatening or harmful content, or involve doxxing, or infringe the rights of any third party, or otherwise contain statements or comments which may be considered questionable or objectionable or involve solicitation.
Furthermore, you must not misuse our Website and/or service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the servers on which our Website is stored or any server, computer or database connected to our Website or services.
You must not attack our Website or any of our services via a distributed denial of service attack or similar. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 (An Act of Parliament). We will report any such breach to the relevant law enforcement authorities.
13. INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged (except where the content is user-generated).
You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us, or our licensors.
If you print off, copy, download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
14. DOWNTIME AND EVENTS OUTSIDE OUR CONTROL
From time to time, we may need to suspend our Website and/or services, for example, if we have to deal with technical problems, or to make improvements to our Website and/or services. In the unlikely event of downtime, in circumstances where we are able, for example if you are a registered user, we will use our reasonable endeavours to contact you either by email or notification in your user account to let you know in advance where this occurs, unless there is an urgent matter we need to deal with.
We will not be liable if our Website is unavailable at any time for any period for any reason.
In the event you experience any issues with our Website and/or services, please contact us at support@xono.online.
We will not be liable or responsible for any failure to perform, or delay in performance of any obligations under these Terms caused by an Event Outside Our Control.
An 'Event Outside Our Control' means any act or event beyond our reasonable control, including without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or pandemic or other natural disaster or failure of public or private telecommunication networks or other acts of God.
If an Event Outside Our Control takes place affecting the performance of our obligations under these Terms, we will: (i) contact you as soon as practicable to notify you if you are a registered user and we are able; and (ii) our obligations under these Terms will be suspended and the time for performance of our obligations shall be extended for the duration of the Event Outside Our Control.
15. LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or in any other liability that cannot be excluded or limited by Isle of Man law.
The information and content displayed and/or accessible from our Website is provided without any conditions, guarantees and warranties. To the extent permitted by law, we, our affiliates, licensors and any third parties who advertise on our Website hereby expressly exclude:
  • all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it;
  • any liability for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with (a) use of, or inability to use, our Website; or (b) use of or reliance on any content displayed on our Website;
  • any liability for any loss of profit, loss of revenue, loss of actual or anticipated profit, loss of business, business interruption, or loss of business opportunity, loss of money, loss of anticipated savings; loss, damage or corruption of data, goodwill or reputation; or any indirect or consequential loss or damage, in each case, howsoever arising, whether such loss or damage was foreseeable or contemplated and whether arising or caused in breach of contract, tort (including negligence), breach of statutory duty or otherwise.
We will not be liable, and you acknowledge, understand and agree we will not be liable, for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or by your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the third-party content appearing on our Website or of websites linked to our Website and any materials thereon. Such content and/or links (such as to social media pages (if any)) should not be interpreted as endorsement by us of those linked websites and/or content. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods and/or services to you, which will be set out in our terms and conditions of supply which will be sent to you, or which you will enter into, in the event you become a customer.
16. HOW WE USE YOUR PERSONAL DATA
Our Privacy Policy (together with any documents referred in it) sets the basis on which any personal data we collect from you, or which you provide to us, will be processed by us. Please read it carefully to understand our practices regarding your personal data and how we will treat it. By clicking the ACCEPT CHECKBOX, you accept and consent to the practices described in our Privacy Policy.
Our Cookie Policy explains the cookies we use from time to time for our Website. Please read it carefully. By clicking the ACCEPT CHECKBOX, you accept and consent to the practices and use of cookies described in our Cookie Policy.
17. APPLICABLE LAWS
These Terms of Use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Isle of Man law. We both agree to the exclusive jurisdiction of the courts of the Isle of Man.
18. TRADE MARKS
Xono, Xono.online and related words, domain names, logos and favicons are the property of Xono Limited. All rights are reserved.
CONTACT US
If you have any questions or concerns about this Terms and Conditions, you can contact us via:
Last Updated: 1/30/2024. We may update and change this Terms and Conditions and you are advised to check it from time to time.