Privacy policy

We respect your privacy, the privacy of your data and the privacy of all users and visitors. All information and data entered by you into the system is treated as confidential. We will not sell, rent, lease, or give away your data, our user list, email addresses or any other personal information unless required by law to do so. We will not contact you unless you opt-in to a user email list or have requested to be notified of bug-fixes or new features.

We may, from time to time, gather specific data from user browsers as they enter and exit the site. This information is standard, and contains data such as referring URL, pages viewed, and amount of time spent on the site. This data is used for internal calculations of traffic, platform, and download counts.

Any information collected may be used to investigate any possible breach of these Terms of Use or illegality.

We will endeavour to keep your information safe and secure. Unfortunately, due to the very nature and environment of the internet, we cannot ensure that all communications and personally identifiable information will never be disclosed.

Termination

Your Licence will terminate automatically on the expiry of the period for the applicable licence fee or in the case of failure to pay any required licence fee. We may terminate your Licence immediately and without notice in the event of any breach of these Terms of Use by you or on the occurrence of any external event requiring us to cease provision of the Services. Those clauses which are either expressly or by implication intended to survive termination shall survive termination including without limitation those clauses headed Indemnity, Ownership, Severance, Proper Law and Jurisdiction, Set-Off and Waiver. Termination shall not affect any rights which have accrued prior to termination.

Notices

Any notice required to be given by us to you shall be sent to the e-mail address provided by you in your registration details or as updated by you from time to time in accordance with proper use of our Website. Any such notice shall be deemed (a) to be notice in writing and (b) to have been received 24 hours after being sent. Any notice required to be given by you to us under this Agreement shall be sent to the postal address provided under our contact details on our Website and as updated from time to time.

Force Majeure

We shall not be liable for any delay or failure in performing these Terms of Use which results from circumstances outside our reasonable control.

Third Parties

These Terms of Use are intended to confer a benefit on our proper assigns and successors but are not intended to confer any rights on any other third parties whether pursuant to the Contracts (Privity) Act 1982 or otherwise.

Severance

Any term or condition of these Terms of Use which is found to be unlawful, void or unenforceable shall to the extent required be severed and be rendered ineffective as far as possible without modifying the remaining terms and conditions.

Proper Law and Jurisdiction

If the information or Data You are accessing using the Services is solely that of a person who is a tax resident in New Zealand, then New Zealand law governs this Agreement and You submit to the exclusive jurisdiction of the courts of New Zealand for all disputes arising out of or in connection with this Agreement. If the information or Data You are accessing using the Services is solely that of a person who is a tax resident in Australia, then Australian law governs this Agreement and You submit to the exclusive jurisdiction of the courts of Australia for all disputes arising out of or in connection with this Agreement. In all other situations this Agreement is governed by the laws of New Zealand and You hereby submit to the exclusive jurisdiction of the courts of New Zealand for all disputes arising out of or in connection with this Agreement.

Set-Off

Where you have incurred any liability to us, whether under these Terms of Use or otherwise, we reserve the right to set-off the amount of such liability against any sum that would otherwise be due to you in relation to these Terms of Use.

Waiver

Any delay or failure by us in enforcing any right under these Terms of Use is not a waiver of that right and will not prevent that right or any other right or remedy from being exercised or enforced.

These Terms were last updated on 19 July 2013. The only substantive changes from the previous edition were to reflect that Max Solutions Limited was amalgamated pursuant to New Zealand's Companies Act 1993 into Xero (NZ) Limited, effective 1 April 2013.

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