1 APPLICATION OF TERMS
These Terms apply to your use of the Website.
By accessing and using the Website:
you agree to these Terms; and
where your access and use is on behalf of
another person (e.g. a company), you confirm that you are authorised to, and do
in fact, agree to these Terms on that person’s behalf and that, by agreeing to
these Terms on that person’s behalf, that person is bound by these Terms.
1.2 If you do not agree to these Terms, you are not authorised to access
and use the Website, and you must immediately stop doing so.
2.1 We may change these Terms at any time by updating them on the Website.
Unless stated otherwise, any change takes effect immediately. You are
responsible for ensuring you are familiar with the latest Terms. By continuing
to access and use the Website, you agree to be bound by the changed Terms.
2.2 We may change, suspend, discontinue, or restrict access to, the Website
without notice or liability.
2.3 These Terms were last updated on 9 Feb 2017.
In these Terms:
including and similar words do not imply
Loss includes loss of profits, savings,
revenue or data, and any other claim, damage, loss, liability and cost,
including legal costs on a solicitor and own client basis
personal information means information
about an identifiable, living person
Terms means these terms and conditions
Underlying System means any network,
system, software, data or material that underlies or is connected to the
User ID means a unique name and/or
password allocated to you to allow you to access certain parts of the Website
We, us or our means Exameron Limited
Website means ExcelRescue.net
You means you or, if clause 1.1b
applies, both you and the other person on whose behalf you are acting.
4 YOUR OBLIGATIONS
4.1 You must provide true, current and complete information in your
dealings with us (including when setting up an account), and must promptly
update that information as required so that the information remains true,
current and complete.
If you are given a User ID, you must keep your
User ID secure and:
not permit any other person to use your User ID,
including not disclosing or providing it to any other person; and
immediately notify us if you become aware of any
disclosure or unauthorised use of your User ID, by sending us an email.
not act in a way, or use or introduce anything
(including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware
or other similar feature) that in any way compromises, or may compromise, the Website
or any Underlying System, or otherwise attempt to damage or interfere with the
Website or any Underlying System; and
unless with our agreement, access the Website
via standard web browsers only and not by any other method. Other methods include
scraping, deep-linking, harvesting, data mining, use of a robot or spider,
automation, or any similar data gathering, extraction or monitoring method.
4.4 You must obtain our written permission to establish a link to our Website.
If you wish to do so, email your request to us.
You indemnify us against all Loss we suffer or
incur as a direct or indirect result of your failure to comply with these Terms,
including any failure of a person who accesses and uses our Website by using
your User ID.
We (and our licensors) own all proprietary and intellectual property
rights in the Website (including all information, data, text, graphics, artwork,
photographs, logos, icons, sound recordings, videos and look and feel),
and the Underlying Systems.
6.1 To the extent permitted by law, we and our licensors have no
liability or responsibility to you or any other person for any Loss in
the Website being unavailable (in whole or in
part) or performing slowly;
any error in, or omission from, any information
made available through the Website;
any exposure to viruses or other forms of
interference which may damage your computer system or expose you to fraud when
you access or use the Website. To avoid doubt, you are responsible for
ensuring the process by which you access and use the Website protects you from
any site linked from the Website. Any link on
the Website to other sites does not imply any endorsement, approval or
recommendation of, or responsibility for, those sites or their contents,
operations, products or operators.
6.2 We make no representation or warranty that the Website is appropriate
or available for use in all countries or that the content satisfies the laws of
all countries. You are responsible for ensuring that your access to and use of
the Website is not illegal or prohibited, and for your own compliance with
applicable local laws.
7.1 To the maximum extent permitted by law:
you access and use the Website at your own risk;
we are not liable or responsible to you or any
other person for any Loss under or in connection with these Terms, the Website,
or your access and use of (or inability to access or use) the Website. This
exclusion applies regardless of whether our liability or responsibility arises
in contract, tort (including negligence), equity, breach of statutory duty, or
7.2 Except to the extent permitted by law, nothing in these Terms has
the effect of contracting out of the New Zealand Consumer Guarantees Act 1993
or any other consumer protection law that cannot be excluded. To the extent
our liability cannot be excluded but can be limited, our liability is limited
7.3 To the maximum extent permitted by law and only to the extent clauses
7.1 and 7.2 of these Terms do not apply, our total liability to you under or in
connection with these Terms, or in connection with the Website, or your access and
use of (or inability to access or use) the Website, must not exceed NZD100.
8.1 You are not required to provide personal information to us, although
in some cases if you choose not to do so then we will be unable to make certain
sections of the Website available to you. For example, we may need to have
your contact information in order to provide you with updates from our Website.
8.2 When you provide personal information to us, we will comply with the
New Zealand Privacy Act 1993.
8.3 The personal information you provide to us (including any information
provided if you register for an account) is collected and may be used for communicating
with you, statistical analysis, the marketing by us of products and services to
you, credit checks (if necessary), and research and development.
8.4 We may also collect technical information whenever you log on to, or
visit the public version of, our Website. This may include information about
the way users arrive at, browse through and interact with our Website. We may
and other means. Cookies are alphanumeric identifiers that we transfer
to your computer’s hard drive to enable our systems to recognise your browser.
If you want to disable cookies, you may do so by changing the settings
on your browser. However, if you do so, you may not be able to use all of the
functions on the Website. We use the technical information we collect to have
a better understanding of the way people use our Website, to improve the way it
works and to personalise it to be more relevant and useful to your particular
needs. We may also use this information to assist in making any advertising we
display on the Website more personalised and applicable to your interests.
Generally, we do not disclose personal
information to third parties for them to use for their own purposes. However,
some of the circumstances in which we may do this are:
to service providers and other persons working
with us to make the Website available or improve or develop its functionality
(e.g. we may use a third party supplier to host the Website);
in relation to the proposed purchase or
acquisition of our business or assets; or
where required by applicable law or any court,
or in response to a legitimate request by a law enforcement agency.
8.6 Any personal information you provide to us may be stored on the
secure servers of our trusted service providers, which may be located outside
New Zealand. This may involve the transfer of your personal information to
countries which have less legal protection for personal information than New
8.7 You have the right to request access to and correction of any of the
personal information we hold about you. If you would like to exercise these
rights, please email us.
9 SUSPENSION AND TERMINATION
9.1 Without prejudice to any other right or remedy available to us, if we
consider that you have breached these Terms or we otherwise consider it
appropriate, we may immediately, and without notice, suspend or terminate your
access to the Website (or any part of it).
9.2 On suspension or termination, you must immediately cease using the Website
and must not attempt to gain further access.
If we need to contact you, we may do so by email
or by posting a notice on the Website. You agree that this satisfies all legal
requirements in relation to written communications.
10.2 These Terms, and any dispute relating to these Terms or the Website,
are governed by and must be interpreted in accordance with the laws of New
Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of
New Zealand in relation to any dispute connected with these Terms or the
10.3 For us to waive a right under these Terms, the waiver must be in
10.4 Clauses which, by their nature, are intended to survive termination
of these Terms, including clauses 4.5, 5, 6, 7, 10.1, continue in force.
10.5 If any part or provision of these Terms is or becomes illegal, unenforceable,
or invalid, that part or provision is deemed to be modified to the extent
required to remedy the illegality, unenforceability or invalidity. If a
modification is not possible, the part or provision must be treated for all
purposes as severed from these Terms. The remainder of these Terms will be
binding on you.
10.6 These Terms set out everything agreed by the parties relating to
your use of the Website and supersede and cancel anything discussed, exchanged
or agreed prior to you agreeing to these Terms. The
parties have not relied on any representation, warranty or agreement relating
to the Website that is not expressly set out in the Terms, and no such
representation, warranty or agreement has any effect from the date you agreed
to these Terms.