Terms of Use — Kaixcel

About these terms

These terms of use (Terms) govern your access to and use of www.kaixcel.com and any related pages we operate (the Website). The Website is operated by Dan Castro and Lvin Canete, trading as Kaixcel (ABN application in progress) (Kaixcel, we, us, our).

By accessing or using the Website, you agree to these Terms. If you do not agree to them, please do not use the Website.

These Terms cover the Website, not our services

The Website is an information and enquiry resource. Nothing on it is an offer capable of acceptance, and accessing the Website or submitting an enquiry does not create a client relationship between you and us.

Any advertising, media buying, marketing or related services we provide are governed by a separate written agreement, proposal, statement of work or insertion order agreed between us and the client. If there is any inconsistency between these Terms and such an agreement, that agreement prevails to the extent of the inconsistency in relation to those services.

Changes to these Terms

We may update these Terms from time to time to reflect changes to the Website, our business or the law. The version published on the Website when you access it is the version that applies to that use. We will update the “last updated” date above when we make a change. If you continue to use the Website after a change takes effect, you accept the updated Terms. If you do not accept them, you should stop using the Website.

Using the Website

We grant you a limited, non-exclusive, non-transferable and revocable licence to access and use the Website for lawful personal or internal business purposes, in accordance with these Terms.

You must not:

use the Website in a way that breaches any law, or infringes the rights of any person;
interfere with, damage or disrupt the Website, its security, or any network or system used to deliver it;
introduce any virus, malware or other harmful code;
attempt to gain unauthorised access to any part of the Website or its underlying systems;
scrape, harvest, data-mine or systematically extract content from the Website by automated means, except as permitted by our robots.txt or with our written consent;
use the enquiry form to send unsolicited, misleading, abusive or unlawful material, or to impersonate any person; or
reproduce, republish, adapt or commercially exploit any part of the Website except as permitted below or by law.

Intellectual property

All content on the Website — including text, graphics, logos, images, photographs, layout, design and underlying code — is owned by us or our licensors and is protected under the Copyright Act 1968 (Cth) and other applicable laws.

“Kaixcel”, the K device, and “Driving Growth through AI Solutions” are trade marks of Kaixcel, whether registered or unregistered. You must not use them without our prior written consent.

You may view the Website and print or download extracts for your personal or internal business use, provided you do not modify them and you retain all proprietary notices. No other licence or right is granted.

Information on the Website, and results

Content on the Website is general information only. It is not advice, and it does not take into account your objectives, financial situation or particular needs. You should obtain your own professional advice before acting on it.

Any case studies, metrics, benchmarks, or performance figures shown on the Website — including figures expressed as return on ad spend, cost per acquisition, conversion rates, revenue growth or ad spend managed — are illustrative and reflect particular circumstances at a particular time. They are not a promise, projection or forecast of the results any other business will achieve.

Advertising outcomes depend on many factors outside our control, including your product or service, pricing, offer, market conditions, competition, seasonality, your own sales process and follow-up, and the policies, algorithms, auction dynamics and pricing of third-party advertising platforms. We do not guarantee any particular reach, ranking, lead volume, cost per acquisition, return on ad spend, revenue or other outcome.

Enquiries you send us

When you submit an enquiry through the Website, you agree that the information you provide is accurate and that you are authorised to provide it. We may decline any enquiry, and we are not obliged to provide services to you.

Please do not send us confidential or sensitive information through the enquiry form. Information submitted through the Website is not treated as confidential unless we have agreed otherwise in writing.

Marketing communications

We send marketing communications only in accordance with the Spam Act 2003 (Cth). We will send them only where you have consented — for example, by ticking the optional consent box on our enquiry form — or where consent can properly be inferred from an existing relationship with us.

Every marketing message we send will identify us as the sender and include a functional unsubscribe facility. You can withdraw your consent at any time by using that facility or by emailing us at hello@kaixcel.com. We will action unsubscribe requests promptly.

Privacy

We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

Through the Website we collect the personal information you choose to give us — your name, email address, phone number, business website and monthly advertising spend range — together with technical information such as your IP address, browser type and pages visited. We use this information to respond to your enquiry, to provide and improve our services, to meet our legal obligations, and — where you have consented — to send you marketing communications.

We do not sell your personal information. We may disclose it to service providers who help us operate our business, who are bound to protect it.

You may request access to, or correction of, the personal information we hold about you by emailing hello@kaixcel.com. If you are not satisfied with how we have handled your personal information or a privacy complaint, you may contact the Office of the Australian Information Commissioner.

Our Privacy Policy sets out in full how we collect, use, store and disclose personal information, including overseas disclosure and how to opt out of marketing. It forms part of these Terms.

Third-party platforms and links

The Website may contain links to third-party websites. We provide those links for convenience only. We do not control, endorse or accept responsibility for third-party websites or their content, products or privacy practices, and you access them at your own risk.

Where we manage advertising for a client on third-party platforms — including Meta and Google — those platforms' own terms of service and advertising policies apply to the client's accounts, campaigns and advertising. The client remains responsible for the products or services advertised and for the accuracy and lawfulness of any claims and creative material they approve.

We are not responsible for decisions made by those platforms, including the disapproval, suspension, restriction or removal of any advertisement or account, or for changes a platform makes to its policies, algorithms, features or pricing.

Availability of the Website

We aim to keep the Website available, but we do not warrant that access will be uninterrupted or error-free. We may suspend, withdraw or restrict all or part of the Website for maintenance, upgrades or operational reasons, and we may change its content at any time.

Your rights under the Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or under any other law, where doing so would be unlawful.

Where we are permitted to limit our liability for a failure to comply with a non-excludable guarantee, our liability is limited, at our option, to resupplying the relevant services or paying the cost of having them resupplied.

Limitation of liability

Subject to the clause above, and to the extent permitted by law:

the Website is provided on an “as is” and “as available” basis;
we are not liable for any indirect, special or consequential loss, or for any loss of profit, revenue, data, business opportunity or goodwill, arising out of or in connection with your use of the Website; and
we are not liable for any loss arising from your reliance on general information published on the Website.

Nothing in these Terms limits our liability for fraud, or for death or personal injury caused by our negligence, where that liability cannot lawfully be limited.

Your responsibility

You are responsible for any loss, damage or cost we reasonably incur to the extent it is caused by your breach of these Terms or your unlawful use of the Website. This does not apply to the extent the loss is caused by our own act or omission.

Suspending access

We may restrict or suspend your access to the Website where we reasonably believe you have breached these Terms, or where we consider it necessary to protect the Website, our systems or other users.

Governing law

We provide services to clients throughout Australia.

These Terms are governed by the laws of Australia and, where the law of a particular State or Territory applies, by the laws of the State or Territory in which you are located. You and we submit to the non-exclusive jurisdiction of the Australian courts and of the courts competent to hear appeals from them.

If part of these Terms cannot be enforced

If any provision of these Terms is found to be invalid or unenforceable, it is to be read down to the extent necessary, or severed, and the remaining provisions continue in full force.

Contact us

If you have any questions about these Terms, please contact us:

Dan Castro and Lvin Canete, trading as Kaixcel
ABN: application in progress
Business address: in process
Email: hello@kaixcel.com