Terms and Conditions
Terms of Service
Reports, information, website and any other documents provided and created by CXA Research Pty Ltd (CXA) ABN 32 675 514 459 (“CXA”) and its associated entities (together, “we”, “us” or “our”).
1. About us
Our service offers reports for sale for customer behaviour across a range of industries and countries. CXA provides a range of standard reporting as well as a bespoke research service.
2. How to access CXA reports
You can access the platform via CXA’s website, https://cxaresearch.com. You can access our website and platform using any type of device including a computer, mobile phone, tablet, or console that meets the minimum specifications required to access the website, complete online purchases and download data
3. Eligibility
A User of our website and reports must be:
(a) at least 16 years old;
(b) have full legal capacity and power to enter into these Terms of Service and to access and use the Service in the manner contemplated by these Terms of Service;
(c) have a valid and verifiable email address; and
(d) provide their real name and true and correct personal details which may be subject to verification and identity checking via our payment provider(s); and
(e) be entitled to use the credit or debit card used to complete purchase(s) of CXA’s materials.
By agreeing to these Terms of Service, you represent and warrant that you are eligible to use our Services and you will not use the Services (or cease using the Services immediately) if you are not eligible to do so at any time.
4. Legal nature of these Terms of Service
These Terms of Service form a binding legal agreement between CXA, its successors and assignees, and each User. The Terms of Service explain our obligations as a service provider and the Users’ obligations as a consumer of the Services. By using the Services, each User agrees to comply with and be legally bound by these Terms of Service. Please read these Terms of Service carefully.
If any of the above is not correct, or if the User does not agree to these Terms of Service, the User is not permitted to use any of the Services.
These Terms of Service may be amended from time to time, without prior notice. Use of the Services following any such amendments will be deemed to be confirmation that the User accepts those amendments. CXA recommends that each User reviews the current Terms of Service, before continuing to use the Services.
5. Privacy Policy
Your privacy is very important to us. These Terms of Service supplement and incorporate our Privacy Policy. Please refer to our Privacy Policy at https://cxaresearch.com/privacy for further information about how we collect, use, store, process and disclose your personal information.
6. Payments
6.1 Methods
CXA uses Shopify and Stripe as payment processing providers. You have the option to pay for CXA material through the payment methods provided by us through our payment processing providers. No other forms of monetary exchange will be entered into.
6.2 Approval of payments
(a) All payments you place with CXA are subject to approval by CXA which may be given or withheld in our absolute discretion. We may choose not to approve a payment, or may cancel an approved payment before the processing of the payment is completed, if:
(i) we reasonably consider this is necessary in order to:
(1) protect the integrity of CXA’s Services, Platform, brand, systems or product(s);
(2) prevent or limit the risk of fraud, money laundering or terrorism financing;
(3) otherwise protect us against legal, regulatory or non-payment risk;
(4) we are aware, or reasonably suspect, that you have breached or by completing this transaction, would breach, these Terms of Service in a material respect; or
(5) we otherwise reasonably consider the transaction to be suspicious.
(b) Subject to paragraph (c) below, if we cancel an approved payment for any reason, we will apply a refund of any amounts you have paid to us less any applicable Charges to the credit card or debit card used to make that payment and we will cancel any future payments related to that payment (if Automatic Payments have been set up from that credit card or debit card).
(c) In the event the approved payment is cancelled or reversed because a chargeback by your bank or credit card issuer for any reasons, that payment will not be refunded by CXA. Any return of funds for such chargeback or reversal will be between you and your bank or credit card issuer.
6.3 Processing of payments
(a) We use the services of a Third Party payment processing provider to process all payments made through the Platform (and you agree to be bound by any policies and terms applicable to that payment processing provider).
(b) You acknowledge and agree that CXA will incur no liability for any Claim, loss or damage suffered by you as a result of delays in processing your payment which are caused by the Third Party processing provider.
(c) Once your payment has been processed, CXA will transfer the payment received from you into CXA’s secure bank account. The payment will be temporarily held by CXA until the payment is remitted to the Provider. All payments made through the Platform will be linked to the relevant Customer’s billing information to ensure that the correct bill is paid. You agree to CXA holding any monies paid by you through the Platform in this manner.
(d) A processing time of up to 5 business days may apply to any payments made through the Platform. CXA will endeavour to process payments as fast as possible and continually improve this processing time.
6.4 Confirmation of payment
(a) When a payment is approved the User will receive:
(i) a confirmation screen on your Device confirming the details of the payment, including, but not limited to, the date, value, and payment method of the payment;
(ii) a receipt emailed to the email address provided including, but not limited to, the date, value, and payment method of the payment; and
(iii) a link to download or otherwise receive a copy of the report(s) purchased.
6.5 Automatic payments
When selected by You hereby expressly consent to authorise and instruct CXA to deduct Automatic Payment amounts from your nominated payment method to pay the relevant bills in the amounts and on those scheduled dates you have selected. You acknowledge that you authorise us to collect or reverse variable payment amounts from or to your nominated payment method in accordance with these Terms of Service.
(a) You are responsible for ensuring there are sufficient funds in your bank account or on your credit card to satisfy the amounts you have nominated to pay by direct debit. Under no circumstances will CXA be liable for a Customer’s failure to select the correct payment amount and frequency in order to pay the relevant invoicing by the due date.
(b) You are liable for any and all fees and charges imposed by any Third Party or your Provider as a result of late payment of any of your bills, except to the extent that such fees or charges arise as a result of our error or any system related failure to the Platform.
(c) If you incur any late payment fees or charges as a result of an error of the Platform to process a payment, you agree to provide all necessary information to CXA in order for us to investigate the error or system failure and you agree to cooperate with us to remedy the error. If we determine (acting reasonably) that the late payment of your bill (and subsequent fees and charges) were imposed as a result of a failure of the Platform to process your payment (and was not caused or contributed to by an error of a User or a failure to use the Platform correctly), then CXA agrees to reimburse you for those fees and charges.
(d) If at any time your bank/credit card details change or expire, you must update your details with us within three (3) business days before the next scheduled Automatic Payment.
(e) If for any reason a payment is dishonoured, funds must be made available on the updated account/card or bank account/card details provided by you, within three (3) business days. Failure to rectify any default and/or failure to provide a valid method of payment which subsists for a period of 2 weeks or more after your nominated credit card or debit card has expired, may result in the suspension of access to the Services.
7. Refunds
(a) If we cancel or reject any payment you make through the Platform, we will apply a refund of any amounts you have paid to us less the applicable Charges to the credit card or debit card you used to make that payment.
(b) In the event that any payment you make is reversed by your bank or credit card issuer for any reason (for example, as the result of a chargeback due to either an unauthorised or fraudulent transaction), then that payment will not be refunded by CXA. Any return of funds for the reversal or chargeback will be between you and your bank or credit card issuer.
8. Disclosure of personal information
(a) Any personal information provided by a User to us will be used in accordance with our Privacy Policy.
(b) If you pay a bill on the Platform as a Helper, we will not disclose any of your payment information or personal details to the Provider when you pay a bill through the Platform unless we are required to do so by law or you ask us to using the features in the Platform. CXA covenants that Helpers will never be contacted by the Provider for further payments after making a payment through the Platform.
(c) By using our Services and/or providing us with any of your personal information (including payment details to make a payment through the Platform), you acknowledge and consent to us disclosing some or all of your personal information to Third Parties in accordance with our Privacy Policy and in accordance with local data protection laws. Please refer to our Privacy Policy which deals with the disclosure of your personal information to Third Parties.
(d) By using our Services CXA may disclose details of bills you upload or payments made by you or on your behalf provided no personally identifiable information about You or your bill is disclosed.
9. Fees and Charges
(a) You will be presented with any and all relevant payment processing fees at the time of payment and by purchasing CXA product(s) you consent to pay them as they relate to the product; and
(b) Any relevant Charges will be levied in respect of each payment that is made through the Platform.
(c) The payment processing fee charged by the Third Party payment processing provider is based on a variable percentage determined according to the payment method and the value of the payment.
(d) If you make a payment outside of Australia, you may incur additional transaction fees levied by your bank or financial services provider. You acknowledge and agree that any such additional transaction fees will be solely your responsibility.
(e) Purchases made outside of Australia may be subject to currency exchange fees by one or more transaction providers, including but not limited to, banks or other exchanges:
(i) the User agrees CXA is not responsible or liable for any exchange charges incurred as a result of purchasing CXA product(s); and
(ii) should a refund or transaction dispute occur any amount refunded will exclude the initial or subsequent currency exchange fees.
(f) We reserve the right to alter the amount or terms of the Charges at any time at our sole discretion.
10. Goods and Services Taxes (GST, VAT)
10.1 Interpretation
Words or expressions used in this section 10 which are defined in the Australian GST Act have the same meaning in this section.
10.2 Goods and Services taxes
(a) Unless specifically described otherwise, all amounts set out in these Terms of Service are subject to relevant sales or Goods and Services taxes in the jurisdiction in which you purchase CXA product(s).
(d) Any Goods and Services Amount is payable in addition to and at the same time as the net consideration for the supply.
(e) For the avoidance of doubt, any services provided by a Third Party provider as an agent of CXA are treated as supplies made by CXA for Goods and Services (GST, VAT etc) purposes.
10.3 Tax invoices
CXA will issue a receipt with all relevant tax details for each purchase on CXA’s platform.
11. Intellectual Property
(a) All Intellectual Property arising from or in connection with the Services, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world whether created before or after the date these Terms of Service and whether used or contained in any of the Services, is owned, controlled or licensed to CXA (or its affiliates and/or Third Party licensors as applicable) (collectively referred to CXA Intellectual Property).
(b) Nothing in these Terms of Service constitutes a transfer of any the CXA Intellectual Property.
(c) CXA’s Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of CXA or the applicable trademark holder or Intellectual Property owner.
12. Data
(a) You agree that we may collect, process, use, disclose, store, and back-up your Data for any purpose (including the purpose of enabling you to use or access the Services and any other purpose related to provision of services to you or any User).
(b) Where we collect, process, use, disclose, store, and back-up any of your personal information (including any of your Data) we will do so in accordance with our Privacy Policy.
(c) If you want us to delete your Data at any time, you must request this from us by following the process set out in our Privacy Policy under the heading ‘9. Request to delete personal information and data’.
13. Your rights and obligations
(a) By registering a CXA Account you will have the right to use the Service in accordance with these Terms of Service for as long as you hold that Account.
(b) You acknowledge and agree that you must:
(i) be eligible to establish a CXA Account and use the Services;
(ii) use the Services only as permitted in accordance with these Terms of Service;
(iii) always ensure all details regarding billing are accurate, true and correct;
(iv) not provide us with any information that is false, inaccurate or misleading when using the Services in any way including but not limited the information provided to register your CXA Account, upload bills, add an Integrated Provider or make payments;
(v) pay all applicable Charges associated with the Services;
(vi) ensure any information about you, including your contact details, is accurate, current and complete. If your information changes, you must update it through your CXA Account via the Platform;
(vii) not use the Services for any fraudulent, improper or unlawful activity;
(viii) cooperate fully with us to investigate any reported or suspected unlawful, fraudulent or improper activity;
(ix) not permit others to use your CXA Account, or allow anyone else to add their payment methods (debit / credit cards / bank account details) to your CXA Account or use your CXA Account password details;
(x) not use any technology to damage, intercept, download, scan, skim or otherwise interfere with the Services or Platform;
(xi) not attempt to undermine the security or integrity of our computing systems or networks or, where the Services are hosted by a Third Party, that Third Party’s computing systems and networks;
(xii) immediately contact us if you believe your CXA Account may be subject to unauthorised access and unauthorised actions;
(xiii) not use, or misuse, the Services in any way which may impair the functionality of the Services, or other systems used to deliver the Services or impair the ability of any other person to use the Services;
(xiv) not cause us to lose (in whole or in part) or risk losing (in whole or in part), whether by any of your acts or omissions the services, integrations, or access of, to, or with, our Integrated Providers or Third-Party Suppliers whether you have knowledge of their link(s) to the CXA business or not;
(xv) provide your own Device and other access facilities (including terminal, software, internet access, modem and telecommunications facilities) necessary for utilising the Services;
(xvi) keep your CXA Account details, username and password confidential;
(xvii) not disclose your CXA Account password to any Third Party and you will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions;
(xviii) take sole responsibility for any activities or actions under your Account, whether or not it has authorised such activities or actions;
(xix) you will only add bills to your CXA Account where you are named as the payer on the bill and for which you are liable to pay;
(xx) not reproduce, make error corrections to or otherwise modify or adapt the Services or Platform or create any derivative works based upon the Services or Platform (including but not limited to copying, editing, amending or re-using the code and/or functionality of any of the Services or Platform);
(xxi) not de-compile, disassemble or otherwise reverse engineer the Services or Platform or permit any Third Party to do so;
(xxii) not modify or remove any copyright or proprietary notices on the Service or Platform.
14. User’s Acknowledgements
By accessing and using the Services, each Customer and Helper acknowledges that:
(a) the Services are limited to providing a Customer with the ability to:
(i) consume the product or products purchased by the User;
(b) at no times and under no circumstance does CXA or any of its related body corporate, officers, directors, employee or agents, take any responsibility or incurs any liability for using the information in the service of Your business;
(c) You warrant You do not rely on any representations or upon any descriptions, illustrations or specifications contained in any document including catalogues or publicity material produced by us; and
(d) in the absence of any contact from you regarding an inaccurate or fraudulent bill or an unauthorised payment, any and all invoices available for payment on your CXA Account are genuine and we will therefore treat any and all payments towards those bills as valid for the purposes of these Terms of Service.
- Our rights and obligations
(a) Subject to these Terms of Service, we will provide you with access to the Services upon the establishment of your CXA Account.
(b) We reserve the right to change, suspend, limit, remove, or disable access to any of the Services at any time without notice including suspending or terminating any User’s CXA Account and his/her access to the Services if any information provided to us proves to be inaccurate or false.
(c) Under no circumstances will we be liable for the suspension, removal, termination or disabling of access to your CXA Account any such Services. We may also impose limits on the use of or access to the Services in any case and without any notice or liability.
15. Indemnity
You agree to indemnify and hold us and our related bodies corporate, officers, employees and agents harmless ("those indemnified") from and against any action, liability, Claims, loss, damage, proceeding, expense (including reasonable legal costs and expenses) suffered or incurred by any of those indemnified, whether directly or indirectly, in connection with:
(a) your breach or non-observance of any obligation you may have to us pursuant to these Terms of Service;
(b) your use or access of any of the Services;
(c) any breach or inaccuracy in any representations or warranties made by you, including the warranties and promises contained in these Terms of Service;
(d) any wilful, unlawful or negligent act or omission of the Customer;
(e) your failure to provide true, accurate and correct Data including but not limited to any billing information which is required to be provided by you in order to upload a bill or link an Integrated Provider to your CXA Account;
(f) your failure to provide true, accurate and correct personal information for any purpose including but not limited to the personal information required in order to verify your identity through our Third Party providers;
(g) any violation, contravention or infringement of any applicable laws by a User; and
(h) any act, omission, neglect or default on the part of a User that results in a claim, liability or loss being brought by a Third Party against those indemnified.
16. Our Liability
(a) To the maximum extent permitted by law:
(i) all warranties, whether express or implied including warranties as to fitness for any purpose and merchantability are expressly excluded;
(ii) we shall not be liable for any injury loss expense or damages of any kind whatsoever or however arising whether directly, indirectly, consequently or contingently to any person or property and without limiting the generality of the foregoing, we shall not be liable for any losses, expenses or damages caused by delays or any other reasons or additional expenses incurred by you or the User including losses of prospective profits or actual profits incurred by you or the User;
(iii) we do not warrant or guarantee that the Services, or the server supporting the Services, are free from defects, viruses or other harmful components, or your access to the Services will be uninterrupted or error free;
(iv) we are not in any way responsible for any such interference or prevention of your use of or access Services which is caused or contributed to by a fault with your Device or by the systems (including public telephone services, computer networks and the internet) used by you to access the Service;
(v) we accept no responsibility for a User’s failure to provide true, accurate and correct information in connection with accessing or using the Services including but not limited to providing false information regarding the User’s identity or the correct billing information;
(vi) we accept no liability for the loss of Data where such loss is wholly or partly caused by factors beyond our reasonable control including, but not limited to, failure or fault in the hosted environment of the Services, defective network or internet connections, defective equipment utilised by you or incorrect operation by you of your own Device or other access facilities;
(vii) we will not be responsible for any fees, charges, interest or other expense payable by a Customer in respect of any of its outstanding bills expect if those fees, charges, interest or other expense arise solely as a result of an error or failure of the CXA Platform to process a payment;
(viii) we will not be responsible for any disclosure, use, modification or deletion of your Data resulting from any access by Third Party Platform providers; and
(ix) neither us, nor our directors, officers, employees, contractors or agents, will be liable for any direct, indirect, consequential or other loss or damage to any person or entity, however caused (whether by negligence or otherwise), arising in connection with your use of, or inability to use, the Services, or reliance upon any of the content or other information posted on the Services.
(b) Nothing in these Terms of Service excludes, restricts or modifies any rights that you have under existing laws or regulations and codes, including the Competition and Consumer Act 2010 (Cth.) and fair trading laws. Our services provided to you under these Terms of Service come with guarantees that cannot be excluded under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth.).
(c) To the maximum extent permitted by law, CXA’s total liability arising out of or in connection with the Services, the Platform or these Terms of Service is limited to resupplying any of the Services (for example, re-processing your payment through the Platform without additional Charges) or a refund for a major failure.
17. Feedback and Review
(a) From time to time, we may request that you provide us with feedback or reviews on the Services. You are not obliged to provide such feedback.
(b) You acknowledge and agree that:
(i) we, at our sole discretion, may determine whether such comments are published on our website or any social media platform; and
(ii) where you intend to post any negative review or comment with respect to our Services or on any external review site or social media platform, you will contact us and provide us with an opportunity to discuss your concerns before publishing such negative review or comment.
18. Social Media
(a) You agree that, where our Services integrate in any way with social media, with respect to such integrations, you will adhere to these Terms of Service and any other terms and conditions of the social media provider from time to time.
(b) With respect to social media, for the purposes of marketing and/or promotion, you hereby acknowledge and authorise us to:
(i) upload, publish, post or repost any content which directly or indirectly references you and/or any venue operated by you;
(ii) upload, publish, post or repost any content which directly or indirectly references any of your food, beverages or goods; and
(iii) make use of any publicly available information (including venue information and imagery) for the purposes of any publication, post or repost.
(c) For the avoidance of doubt, by using the Services, you agree and consent to us undertaking any of the activities contemplated by subsection 20(b) without the need to obtain any further consent from you.
19. Dispute Resolution
(a) By using the Services, each User agrees that any legal remedy or liability that he or she may seek to obtain for actions or omissions of a User, Third Party or Provider, will be limited to a claim against the User, Third Party or Provider, who caused harm to him or her. CXA encourages Users to communicate directly with the relevant party to resolve any disputes.
(b) If there are any complaints from a User, CXA will aim to respond and provide a suitable solution within 5 business days.
(c) If a User is not satisfied with CXA’s response, the User agrees to provide us with written notice specifying the nature of the dispute, what outcome the User wants and what action the User thinks will settle the dispute. The User and CXA agree to, within 14 days of CXA’s receipt of a written notice, meet (either in person or via teleconference) in good faith to seek to resolve the dispute by agreement between them.
(d) All written notices provided under this section must be sent to info@cxaresearch.com.
20. Services Availability
Whilst we intend that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services may be unavailable. If for any reason we have to interrupt the Services for longer periods than we would normally expect, we will use reasonable endeavours to publish in advance details of such activity on the Services.
21. Your use of CXA data
In consideration for your payment of the Fee on the Payment Date(s), you and the Authorised Users are granted a non exclusive, non transferable, non sublicensible license to use the relevant Product(s) from the Location for the Region for the Purchased Product or Subscription Service only, solely for your business operations and in accordance with this Agreement.
21.1 You and the Authorised Users may only use the Purchased Product and or Subscription Service:
(a) solely for the purpose(s) of your own business for internal purposes only relating to the development of your own business. This does not include the use of, sharing of, distribution of other uses with or for the benefit of any Third Party except otherwise agreed with us in writing.
21.2 If you and/or any Authorised Users quote from the Purchased Product and or Subscription Service at any time as expressly permitted by clause 2.2(b) then the following accreditation must appear in all copies of the materials where our information is used: cxaresearch.com.
21.3 We reserve the right to update the Accreditation from time to time and notify you of the changes.
21.4 At no time are You entitled to use, analyse, copy, distribute or sell the Data to or on behalf of any third party unless expressly permitted via an agreed reseller agreement. For the avoidance of doubt, unless expressly agreed with us in writing beforehand You are not permitted to:
(a) provide, disclose, lease, supply, copy, license, assign, distribute or commercially exploit CXA’s data in whole or in part to any third party; or
(d) disclose, supply, copy, provide, distribute or sell any materials using or containing our Data to any third party;
(e) refer to or present CXA’s data in whole or in part as your own research, and/or provide, supply or sell consultancy services based solely on analysis of the Data without our prior written permission.
22. Our Rights
Any express statement of a right of ours under these Terms of Service is without prejudice to any other rights we may have including those expressly stated in these Terms of Service or existing at law.
23. Governing Law
The parties to these Terms of Service shall be bound by the laws of the State of Victoria in relation to all matters arising from all contracts between the parties and the parties agree to submit to the non-exclusive jurisdiction of the Court of Victoria and the Federal Courts of Australia and that any legal proceedings may be heard in these courts.
24. Severability
If any part or provision of these Terms of Service is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of these Terms of Service will be binding on the parties.
25. Notices
(a) Any notice given under these Terms of Service by either party to the other must be in writing by email and will be deemed to have been given on transmission.
(b) Notices must be sent to info@cxaresearch.com or to any other email address notified by email to you by us.
(c) Notices to you may be sent via electronic messages, including email, text message/SMS, or mobile push notifications, to the email address or numbers which you provided when setting up your access to the Services.
26. Rights of third parties
A person who is not a party to these Terms of Service has no right to benefit under or to enforce any term of these Terms of Service.
Schedule – Definitions
"Australian Consumer Law" means schedule 2 of the Competition & Consumer Act 2010 (Cth).
“Automatic Payments” has the meaning given to that term in subsection 4.3 Automatic Payments of these Terms of Service.
"Charges" has the meaning given to that term in subsection 9(a).
“Claim” mean a claim, action, proceeding, judgment or demand made or brought by or against a person, however arising and whether present, unascertained, future or contingent.
"Confidential Information" means the information that:
(a) is by its nature confidential:
(b) is designated by a person as confidential; or
(c) the recipient of that information knows or ought to know is confidential
(d) the Data;
but does not include information:
(e) that is or becomes public knowledge otherwise than by breach of these Terms of Service or any other confidentiality obligation;
(f) that was obtained from a Third Party on a non-confidential basis without breach by that Third Party of an obligation of confidence concerning that Confidential Information; or
(g) was already in the possession of the Receiving Party when provided by or on behalf of the Disclosing Party.
“Customer” has the meaning of a person purchasing one of more of CXA’s products.
"Data" means any data inputted by you or with your authority through the use of the Services and includes, without limitation, data owned or supplied by you or data which may otherwise be generated, compiled, arranged or developed by you in using the Services pursuant to these Terms of Service.
“GST” has the meaning given by section 195-1 of the GST Act.
“GST Act” means the A New Tax System (Goods and Services) Tax Act 1999 (Cth) as amended or replaced from time to time.
“CXA Account” means an account set up in order to use the Services on the Platform.
“CXA’s Intellectual Property” has the meaning given to that term in subsection 11(a).
"Intellectual Property Rights" means all intellectual property rights including current and future registered and unregistered rights in respect of copyright (including moral rights), designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, domain names, patents, inventions and discoveries and all other intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation of 1967, together with any right to apply for the grant or registration of same.
“Purchased Product” means the product(s) purchased on CXA’s website.
"Services" or “Service” means any and all services provided by CXA through the Platform, the Site and any other website, mobile site or Platform operated by us from time to time.
“Site” means the internet site at the domain at www.cxaresearch.com.
“Subscription Service” means the subscription product agreed to and paid for on CXA’s website.
"Terms of Service" means these terms of service (as may be changed or updated without notice from time to time by us).
“Third Parties” means any Third Party which is needed for the Platform and Services to function, or has partnered with CXA to enable the Platform and Services to function, optimise performance and enhance the over all experience for Users of the Platform and “Third Party” has a corresponding meaning. These Third Parties include but are not limited to payment providers, payment gateways, analytics tools, marketing tools, cloud solutions, data bases, verification of identity software provider and any other third parties set out in our Privacy Policy.
“Third Party Marks” means trademarks owned by any person or entity other than CXA and which are used in connection with the Services.
“User” has the meaning of a person using CXA’s website, social media channels, a purchaser of more of CXA’s products and or a consumer of a CXA product that has been presented or used in some fashion that does not otherwise breach these terms of service.