**Agreement to Terms**

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and XS Espresso (“Company,” “we,” “us,” or “our”), concerning your access to and use of the https://xsespresso.com.au website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

**User Representations**

By using the Site, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply with these Terms of Use;
(4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;
(5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
(6) you will not use the Site for any illegal or unauthorised purpose;
and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

**Registration**

In order to use the XS Espresso app or place an order through our website you are required to register an account and you must:

* Be legally capable of forming binding contracts;
* Have a credit or debit card that we accept; and
* be authorised to use that credit or debit card (e.g. it is in your name or you have the owner’s permission to use it)

**Placing a Pickup Order (XS Espresso App)**

To get started, simply select one of our stores and submit your order.
Your order will be accepted automatically.
Head to the selected store at your pickup time, state your name and confirm your order.

**Pickup Time**

Our pick-times are estimated only. We can not guarantee that the orders will be available for collection within the estimated times.

**Online Store Shipping**

Our items are shipping via Australia Post.

**Privacy Policy**

We care about data privacy and security. Please review our Privacy Policy: https://xsespresso.com.au/privacy-policy/. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in Australia. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Australia, then through your continued use of the Site, you are transferring your data to Australia, and you agree to have your data transferred to and processed in Australia.

**Term and Termination**

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

**Limitations of Liability**

NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

**Account Management & Data Deletion**

* XS Espresso may offer user account functionality to enhance your experience.
* To request deletion of your XS Espresso account and associated personal data, please send an email to: [email protected].
* In your email, please clearly state “Account Deletion Request – XS Espresso” to ensure prompt processing.
* Upon receiving your request, we will verify your identity and proceed with the account deletion process in accordance with our Privacy Policy: https://xsespresso.com.au/privacy-policy/.
* We are committed to protecting your privacy and complying with all applicable data protection laws, including the Australian Privacy Principles.
* Data that is no longer required, will be deleted within a reasonable time frame.

**Issues with Orders/Refunds**

If you are not happy with the goods/services you receive, please contact the store you purchase the service from through their contact details.
You can also send us an email at [email protected] or through our Social Media (Facebook/Instagram).

**Return/Exchange**

For any return or exchange, please contact us at [email protected].

**Unauthorised/Mistaken Transaction**

If you believe there has been a mistake or unauthorised transaction on your account, please notify us along with details of the transaction at [email protected] and we will make sure to make it right. You may also have rights to dispute transactions relating to XS Espresso charged to your scheme (e.g. Mastercard or Visa) credit or debit card with your bank.

**Contact Us**

In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:
XS Espresso
9a Greenway Wetherill Park
1183-1187 The Horsley Dr
NSW 2164, Australia
Phone: (02) 9757 4265
[email protected]