WEBSITE TERMS AND CONDITIONS

WEBSITE TERMS AND CONDITIONS

1 INTRODUCTION

(a) These terms and conditions (Terms) apply when you use this website,
https://xceleratoronline.co.nz/ Website).
(b) You agree to be bound by these Terms which form a binding contractual agreement
between you and us, Xcelerator Pty Ltd ABN 78 437 510 as trustee for The Trustee for
The Thomsen Family Trust ABN 78 437 510 730 trading as Xcelerator OnlineNZ (referred to
in these terms and conditions as ‘we’, ‘us’, or ‘our’).
(c) If you don’t agree to these Terms, you must refrain from using the Website.
(d) We may change these Terms at any time by updating this page of the Website, and your
continued use of the Website following such an update will represent an agreement by
you to be bound by the Terms as amended.

2 ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these Terms and any applicable laws,
and must ensure that your employees, sub-contractors and any other agents who use or access
the Website comply with the Terms and any applicable laws.

3 YOUR OBLIGATIONS

You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any
part or aspect of the Website without our express consent;
(b) use the Website for any purpose other than the purposes of browsing, selecting or
purchasing goods;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates
illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create
undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact our reputation, including by linking to
the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal
functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the
Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.

4 INFORMATION ON THE WEBSITE

While we make every effort to ensure that the information on the Website is as up-to-date
and accurate as possible, you acknowledge and agree that we do not (to the maximum extent
permitted by law) guarantee that:
(a) the Website will be free from errors or defects;
(b) the Website will be accessible at all times;
(c) messages sent through the Website will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Website will be secure or confidential; or
(e) any information provided through the Website is accurate or true.
We reserve the right to change any information or functionality on the Website by
updating the Website at any time without notice, including product descriptions, prices and other
Website Content.

5 INTELLECTUAL PROPERTY

(a) We retain ownership of the Website and all materials on the Website (including text,
graphics, logos, design, icons, images, sound and video recordings, pricing, downloads
and software) (Website Content) and reserves all rights in any intellectual property rights
owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole
purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell,
modify or publish the Website or any Website Content without prior written consent from
us or as permitted by law.

6 LINKS TO OTHER WEBSITES

(a) The Website may contain links to other websites that are not our responsibility. We have
no control over the content of the linked websites and we are not responsible for it.
(b) Inclusion of any linked website on the Website does not imply our approval or
endorsement of the linked website.

7 THIRD PARTY TERMS AND CONDITIONS

(a) You acknowledge and agree that third party terms & conditions (Third Party Terms) may
apply to your use of our Website of purchase of goods.
(b) You agree to any Third Party Terms applicable to any third party goods and services, and
we will not be liable for any loss or damage suffered by you in connection with such Third
Party Terms.

8 SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones
or other electronic devices arising in connection with use of the Website. You should take your own
precautions to ensure that the process that you employ for accessing the Website does not expose
you to risk of viruses, malicious computer code or other forms of interference.

9 REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material
on the Website or any difficulty in accessing or using the Website, please contact us immediately
using the contact details or form provided on our Website.

10 PRIVACY

You agree to be bound by our Privacy Policy, which can be found on this website.

11 LIABILITY

We make no warranties or representations about this Website or any of its content and
will not be responsible to you or any third party for any direct or consequential loss suffered in
connection with the use of this Website. To the maximum extent permitted by law, we exclude any
liability that may arise due to your use of our Website and/or the information or materials contained
on it. You agree to indemnify us for any loss or liability arising out of your use of this Website.

12 GENERAL

12.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Queensland, Australia. Each party
irrevocably submits to the exclusive jurisdiction of the courts of Queensland and courts of appeal
from them in respect of any proceedings arising out of or in connection with this agreement. Each
party irrevocably waives any objection to the venue of any legal process on the basis that the
process has been brought in an inconvenient forum.

12.2 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a
waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

12.3 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to
the extent that it is void or unenforceable. The validity and enforceability of the remainder of this
agreement is not limited or otherwise affected.

12.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds
or benefits them jointly and severally.

12.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under
this agreement without the prior written consent of the other party.

12.6 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any
prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in
relation to the subject matter of this agreement.

12.7 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other
gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech
or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to “person” or “you” includes an individual, the estate of an
individual, a corporation, an authority, an association, consortium or joint venture
(whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party’s executors, administrators, successors
and permitted assigns, including persons taking by way of novation and, in the case of a
trustee, includes any substituted or additional trustee;
(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment
or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or
annexure to or of this agreement, and a reference to this agreement includes all
schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including this agreement) is to that document as
varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect
interpretation;
(i) (includes) the word “includes” and similar words in any form is not a word of limitation;
(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a
party because that party was responsible for the preparation of this agreement or that
provision; and
(k) (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed
in writing.