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Terms of Use including Software Agreement

Terms of Use Definitions

These Terms of Use (including the 'Software Agreement') apply to anyone who visits the WorkflowMax website or uses any of our products or services. Your use of our website, products or services constitutes your acceptance of these Terms of Use. In these Terms of Use and generally on the WorkflowMax website.

"we", "our" or "us" means Xero Limited (which is listed on the Australian Securities Exchange (ASX)) and all current and future global subsidiaries of Xero Limited including, without limitation Xero (NZ) Limited (New Zealand), Xero, Inc. (United States), Xero Australia Pty Limited (Australia), and Xero (UK) Limited (United Kingdom);

"you" means you, the person using our Services;

"Intellectual Property Rights" includes without limitation any copyright, patents, trade marks, design rights or database rights, whether registrable or not, and whether registered or not, and also includes any other proprietary rights, trade secrets or rights of publicity, privacy or confidentiality;

"Licence" means the permission we give to you to use our Software products and which is given under the terms of the relevant Software Agreement;

"Services" means all products, goods or services we provide to you including our Website;

"Software" means the software we provide to you as part of our products and means for example the WorkflowMax software;

"Software Agreement" means the relevant licence agreement under which any of our Software products are purchased and comprises the terms and conditions contained in these Terms of Use which are expressly or by implication intended to apply to the licence of the Software;

"Website" means the WorkflowMax website;

"User" means a person setup to use the Services and is a person who can have all available or limited privileges in using the Software. It is possible to create a User who will never access the system, the functions of such a user will be performed by a user with a higher degree of security privileges.

Any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or bylaw made under that enactment.

The headings to the clauses of these Terms of Use are for convenience only and do not affect its interpretation.

In addition to these 'Terms of Use' other contractual terms may apply to some Services. It is important that you are familiar with all of the terms applying to your use of our Services.

Licence
We distribute all of our Software under 'commercial' licences. The User may operate the Software by logging in under the User's account only once at any given time and on only one server at a time (a 'per user' licence). Each licence is non-exclusive, non-transferable, temporary (for the period specified) and revocable.

Transferring Licences / Upgrades
Licences cannot be transferred to other parties. This applies to both general software and upgrades. Upgrade packages are applicable only to the company who purchased the original software.  Any upgrades are supplied subject to the same terms and conditions as the original software.

Distribution
We house all software on our owned/rented servers. Unauthorized distribution without prior consent is strictly prohibited.

Warranty/Refunds
These Terms of Use replace any previous Terms of Use. We accept no responsibility for problems arising from the use or abuse of any of our Services. No refunds will be made in any circumstances.   Our Services are provided on an 'as is' basis.  Any warranties whether express or implied including but not limited to warranties as to ownership, merchantability and fitness for purpose are hereby excluded to the maximum extent permissible by law.  In no event shall we be liable for any direct, indirect, incidental, special, exemplary or consequential damages, (including but not limited to procurement of substitute goods or services, loss of use, data, revenue, profits, contracts, business, anticipated savings, business interruption, loss of goodwill or reputation) however arising, including negligence, relating to these Terms of Use or the use of our Services.

In the event that we are held liable to you, our maximum total liability will be the total amount of the licence fee paid by you to us in the continuous 1 month period immediately prior to the bringing of such claim or $50 whichever is the greater.

Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of our Services or your breach of these Terms of Use, any applicable law or the rights of a third party.

Password and Security
You must maintain the confidentiality of any passwords in respect of your account and are fully responsible for all activities that occur under your password or account. You agree to notify us immediately of any disclosure or unauthorized use of your password or account or any other breach of security and to ensure that you exit from your account at the end of each session.

Ownership
You acknowledge that we or our suppliers own any Intellectual Property Rights which subsist in any aspect of our Website, products, goods or services.

Restrictions on Use of Software
You may not copy, publish, de-compile, or reverse engineer the Software or use the Software other than either (a) as is strictly necessary to facilitate the provision of the Services to you or (b) in accordance with any statutory rights you may have to do so.

Accuracy of Information, etc.
Your activities on our Website and any information provided by you to us including but not limited to any information provided in your registration details must not:

  • be false or misleading and you agree to keep us updated with any changes to that information;

  • be offensive, defamatory, indecent or in breach of any applicable laws or regulations;

  • infringe any third party's rights including but not limited to any third party Intellectual Property Rights;

  • create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

  • contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;

  • cause the Website or any other Services to be impaired, interrupted, damaged or rendered less efficient or less effective.

Privacy:
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 of Use were last updated at the close of business on 2 February 2018 to remove references to the New Zealand Stock Exchange (NZX) following our delisting from the NZX. On 5 February 2018 we will have a sole listing on the ASX. This change will be effective immediately.

 

Offer Details - Definitions

Information regarding auto-renewal, cancellation, pricing and other terms

Auto-renewal

Your WorkflowMax subscription will automatically renew, and your card will be automatically charged the then current fees for the WorkflowMax subscription type or service(s) you’ve selected on a recurring basis until you cancel or delete your WorkflowMax subscription.

Cancellation

To cancel your WorkflowMax subscription, you must provide one month's notice. You can do so by going into the My WorkflowMax tab in your account or contact support for help. If you cancel your WorkflowMax subscription, you will still be charged for the notice period.

Pricing and other terms

Promotional pricing and free trials cannot be combined with other offers and are not available to exisiting customers or for upgrades. Any promotional offers are available for a limited time only. Pricing, terms, features and support are subject to change by Xero at any time. See the terms of use for additional terms.

Free trials

If you have elected to buy a paid subscription, you are not eligible for a free trial. If you have elected a free trial subscription, your trial will expire after 14 days, or earlier if you elect to buy a subscription before then.

To continue using WorkflowMax after your free trial expires, you will need to purchase a subscription and enter your credit card information in WorkflowMax for processing. Features in the free trial edition are limited.

WorkflowMax Bolognese Competition - terms and conditions

1. This competition (Competition) is conducted on behalf of the Xero entity for the country you live in (as set out in the table at the bottom of these terms and conditions) (Xero, we, our or us), and is open from 10am on 15 October 2021 AEDT until 10am on 1 December 2021 AEDT (Competition Period). Xero may, at its sole discretion, extend the Competition Period. By entering the Competition, an entrant (Entrant, you or your) agrees to be bound by these terms and conditions (T&Cs) and the additional terms and conditions set out in Schedule 1 for entrants located in Canada and Schedule 2 for entrants located in the United States (the Additional Terms, and collectively with the T&Cs when applicable, the Terms). 

2. To be eligible to enter the Competition (Eligible), an Entrant must 

  1. be a legal resident of one of the following countries prior to, and for the duration of, the Competition Period.
    1. Australia;
    2. Canada (excluding Quebec);
    3. United Kingdom;
    4. United States (excluding Puerto Rico and the U.S. Virgin Islands and other U.S. territories and possessions);
    5. New Zealand;
    6. Singapore;
    7. Hong Kong;
    8. Malaysia; or
    9. South Africa; and
  2. be over the age of 18 years old.

3. To register to participate in the Competition, an Eligible Entrant must complete the following steps (unless other steps are set out in the Additional Terms applicable to you), following which the Entrant will be deemed to have registered as a participant in this Competition (Participant) and accepted the Terms:

  1. Answer the following question, via Max Hub, in 50 words or less - “Nominate someone in your team that deserves a Bolognese care package and tell us in 50 words or less why they are an important and valuable part of your team.” (Answer); and
  2. Comply with the Terms, all within the Competition Period (together, Entry Criteria).

4. There will be 60 winners chosen by Xero from the Participants that have met the Entry Criteria (each, a Winner), with a total of: 

  1. Thirty-five (35) Winners selected from Australia and New Zealand
  2. Seventeen (17) Winners selected from Singapore, Hong Kong, Malaysia, South Africa and United Kingdom; 
  3. Five (5) Winners from United States; and
  4. Three (3) Winners selected from Canada.

5. The Winners will be determined by a panel of 4 judges, consisting of 1 Xero employee, 2 WorkflowMax employees and 1 independent judge.  For the purpose of determining each Winner, the judges will evaluate each Answer according to its adherence to the 50 word limit, originality and the degree of value the nominee brings to the business (each criterion weighted equally). Being a customer of Xero will not increase your chances of winning. In the event of a tie among Eligible Entries, the tied Eligible Entries will be re-submitted to Xero’s Director, Social Media for a re-judging between the tied Eligible Entries alone. In the event that a tie remains after re-judging, the Eligible Entry with the highest score in the originality criteria will win the tie.  The judges’ decision is final.

6. Each Winner will receive a set of gratitude cards from The Bolognese Philosophy valued at USD88, and a gift certificate for a bolognese meal at a restaurant of your choice, selected from a list of locally owned and operated restaurants provided to each Winner, valued at AUD100, NZD100, GBP50, CAD75, USD75, EU63, HKD570, ZAR 1095 or SGD100, depending on the location of a Winner (Prize). The Prize is not redeemable for cash and is not transferable. Xero gives no warranties, representations or advice in respect of the Prize. Winners are responsible for ensuring that the Prize meets their requirements in all respects, including without limitation the suitability of the restaurant to accommodate any of the Winner’s dietary requirements.  

7. Each Winner will be notified by Xero within 7 days after the end of the Competition Period and will be advised as to how the Prize will be made available to them. If a Winner cannot be contacted or does not respond within 7 days from the date on which Xero first notifies them by direct message on the applicable platform, Xero reserves the right to withdraw the Prize (in which case the Winner will be deemed to have forfeited the Prize) and to award it to the next Participant to meet the Entry Criteria. That awarded Participant will then be a Winner for the purposes of the Terms. Xero will publish the Winners’ names on the Max Hub site.

8. Xero’s decisions on all matters relating to this Competition (including but not limited to registration of Participants and determination of the Winners, the awarding of the Prize and the operation of the Competition) will be final and no correspondence will be entered into regarding any of the foregoing.

9. There will be a limit of one entry per Entrant. No purchase is required to enter the Competition. 

10. This Competition is not open to (a) a director, member, partner, employee or agent of, or consultant of any company in the Xero group of companies or any other person who directly or indirectly controls or is controlled by Xero; (b) a supplier of goods or services in connection with this Competition; and (c) the spouses, life partners, or immediate family members of the parties referred to in (a) and (b).

11. All prize winners may be requested to have their name, city/region and/or photo published on any marketing material, as well as any statements made, but the entrant/winner may decline such invitation.

12. Xero may be required to publish or make available details of the Competition, including the surname and region of each Winner. You can object to your details being published or made available, or reduce the amount of information published or made available, by emailing privacy@xero.com - note Xero may still be required to provide your details as required by law.

13. To the extent permitted by law, Xero and its affiliates and each of their respective  directors, officers, employees, representatives, and agents, including without limitation any judges of the Competition (together, the Representatives, and together with Xero and its affiliates, the Released Parties) shall not be liable in any way (including, without limitation, in negligence), for any loss or damage whatsoever suffered (including, without limitation, direct, indirect or consequential loss, or the right to have damages multiplied or increased) or for any loss or damage or personal injury suffered or sustained in connection with the Competition, or acceptance, possession, or use or misuse of the Prize, and you hereby release the Released Parties from any claims or damages arising out of or related to your participation and/or entry in the Competition and/or your receipt, acceptance, possession or use or misuse of the Prize awarded in this Competition. For the avoidance of doubt, and without prejudice to the generality of the foregoing, you release the Released Parties from any loss, damages or cause of action in relation to (a) any technical errors associated with the Competition; (b) unauthorized human intervention in the Competition; and (c) any other errors or problems in connection with the Competition, including, without limitation, errors that may occur in the administration of the Competition. You also agree that unless you are prohibited from law in doing so, you promise you will bring any and all disputes, claims and causes of action against the Released Parties, without resort to any form of class action. 

14. All use of Xero’s services is subject to Xero’s terms of use and privacy notice.

15. If there’s any part or provision of these Terms that is declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of these Terms shall remain in full force and effect.

16. The following table sets out, for the country you live in, the applicable Xero entity and the laws that govern these Terms:

Country

Xero entity and address

Registration

Law

Australia

Xero Australia Pty Limited


1/6 Elizabeth Street

Hawthorn

Melbourne VIC 3122

160661183

Victoria, Australia

Canada

Xero Software (Canada) Ltd.


Suite 2600, Three Bentall Centre 

PO Box 49314, 

595 Burrard Street Vancouver, British Columbia, V7X 1L3 

784104515

Ontario, Canada 

United Kingdom, South Africa

Xero (UK) Limited


Bank House
171 Midsummer Boulevard
Milton Keynes, MK9 1EB

06071722

England (unless you are resident in South Africa, in which case the laws of South Africa shall apply)

United States

Xero, Inc.


1615 Platte Street

Suite 400

Denver, CO 80202

Not applicable

California, USA

New Zealand, Singapore, Hong Kong or Malaysia

Xero (NZ) Limited


19-23 Taranaki Street

Te Aro

Wellington 6011

4123758

New Zealand

 

Schedule 1 - Canada Schedule 

The following additional terms and conditions (Canada Schedule) apply to Competition participants located in Canada. If there is a conflict between this Canada Schedule and the T&Cs, this Canada Schedule will control. Capitalized but undefined terms in this Canada Schedule have the meanings given to them in the T&Cs. 

No purchase or payment of any kind is necessary to enter or win a prize in the Competition. A purchase or payment will not affect your chances of winning a prize. You have not yet won. Correctly answered mathematical skill-testing question required. The Competition is void where prohibited by applicable law or regulation.  

  1. The Competition Period in Canada is from 7pm ET on 14 October 2021 until 7pm ET on 30 November 2021.
  2. You are eligible to enter the Competition if you are a resident of Canada (excluding the Province of Quebec) and you have reached the age of majority in the province/territory of residence. Entrants must also have a physical address in Canada. Eligibility for the Competition is subject to all applicable federal, provincial and local laws, rules and regulations. You are responsible for confirming if your participation in the Competition or acceptance of the Prize violates any applicable law, rule, regulation, or contract between you and any third party (e.g., any existing assignment of rights or license to any intellectual property created by you).
  3. No purchase necessary. There are two ways to enter the Competition, both of which are online. The first way is as set out in Section 3 of the T&Cs. Alternatively, an Entrant will be deemed to be a Participant if during the Competition Period, you email: (a) socialmediateam@xero.com stating that you wish to be entered into the Competition and include your answer to the question; and (b) comply with the Terms. 
  4. If you opt to access the Competition via your wireless mobile device, data rates may apply for each message sent or received according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless internet access) and may appear on your mobile phone bill, or be deducted from your prepaid account balance. Wireless carrier rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in the Competition. Wireless mobile device service (phone and/or data) may not be available in all areas. Consult the manual for your wireless mobile device for specific instructions. Xero is not responsible for any charges or lack of functionality of wireless mobile devices. If you opt to access the Competition via a third-party’s wireless mobile device, you represent and warrant that you have permission from the device owner (and associated wireless account subscriber if different than the device owner) to do so and that you have advised such person(s) of the provisions of this Section 4 which apply to them as a result of your use of their wireless mobile device. Xero expressly disclaims any and all liability related to your use of a third-party’s wireless mobile device (or other device) to access or participate in the Competition or to access any related online content.
  5. Submissions for entry into the Competition received other than during the Competition Period, duplicate submissions, or all submissions that are incomplete, illegible, damaged, irregular, or that do not conform to, or satisfy, any condition of the Terms and any submissions received by automated means or means that subvert the entry process described in the Terms will be void. Xero will determine in its sole discretion, what constitutes a valid entry. Proof of submission will not be deemed to be proof of receipt of entry by Xero. Xero has no obligation to notify you if your submission is void.   
  6. The approximate retail value of the Prize in Canada is CAD$185. There are 60 Prizes in total, 3 of which are available to be won by Canadian participants. The Prize in Canada is a set of gratitude cards from The Bolognese Philosophy valued at CAD$110, and a gift certificate for a meal at a restaurant of your choice, selected from a list of locally owned and operated restaurants provided to each Winner, valued at CAD$75. Only the type and quantity of the prize described in the T&Cs and this Canada Schedule will be awarded.
  7. Prizes are non-refundable, cannot be replaced if lost or stolen and are provided on an “as is” basis. No prize substitutions, except by Xero, who reserves the right to substitute the Prize with another prize of comparable or greater value if the Prize is not available for any reason as determined by Xero in its sole discretion. The odds of winning a prize in each region depends on the number of eligible entries received during the Competition Period and the results of the evaluation of such entries by the judges. By entering the Competition, the Entrant agrees to abide by Xero’s decisions, all of which shall be final.
  8. Winner is responsible for any and all applicable federal, provincial, territorial, local or foreign taxes (and the reporting thereof), if any, and for all other unspecified expenses, fees, charges, or duties associated with acceptance or use of the Prize. It is the individual Winners’ responsibility to understand and abide by any federal, provincial, territorial, local or foreign tax laws that may apply to receipt of the Prize. 
  9. For the purpose of determining the Winner, the judges shall consist of two (2) WorkFlow Max employees and one (1) Xero employee, and one (1) independent judge.. The judges will evaluate the caption based on the criteria identified in Section 6 of the T&Cs. In the event of a tie among entries, the tied entries will be re-submitted to Xero’s Director, Social Media for a re-judging between the tied entries alone. In the event that a tie remains after re-judging, the entry with the highest score in the originality criteria will win the tie. 
  10. Before being confirmed as a Winner, the potential winner will be required to (a) correctly answer, without assistance of any kind whatsoever mechanical or otherwise, a mathematical skill-testing question in no more than five (5) minutes, and (b) sign and return a Release Form (or similar document) to be provided by Xero, in order to be eligible to win the Prize (the Prize Claim Steps). If the potential winner fails or refuses to reply as set forth above and doesn’t complete the Prize Claim Steps within ten (10) business days of Prize notification, the Winner may be disqualified and will forfeit their Prize, and an alternate Winner may be selected by Xero in its sole discretion. Once eligibility has been verified and Xero receives the Winner’s requested information, Xero will arrange to award the Prize. The Winner must also complete any and all additional documents (e.g., legal or tax-related documents) provided by Xero (if any) in connection with the awarding of the Prize and return them as instructed within the time frame specified or Winner may forfeit Prizes at Xero’s sole discretion. If the potential Winner is unable to participate in or accept the Prize or any portion of the Prize for any reason, Xero will have no further obligation to the potential Winner. Prize or Prize Claim Steps returned as undeliverable will result in forfeiture of the Prize. Xero expressly reserves the right to delay the announcement of the Winner for any reason Xero deems necessary. In addition, Xero reserves the right to, in its sole discretion, select an alternate Winner in the event that any potential winner fails to comply with the Terms or fails to execute the documentation within the time frame specified.
  11. By registering as a participant in the Competition you agree to the Terms, and Xero’s Privacy Notice. Xero’s use of any personal information that you provide to Xero will be in accordance with Xero’s Privacy Notice. By registering as a participant in the Competition, you consent to the collection, use and disclosure of your personal information solely for the purposes of administering the Competition. Please note that personal information provided as part of this Competition may be collected in, transferred to and processed and stored in jurisdictions outside of Canada. Such information will be subject to the general laws applicable within those jurisdictions, including, without limitation, possible access by regulatory authorities.  
  12. Xero reserves the right, in its sole discretion, to cancel, modify or suspend the Competition if any fraud or any other factor impairs the integrity or proper functioning of the Competition, for any other reason whatsoever without liability. In the event of termination of the Competition, Xero may award the Prize from among the eligible entries received up to the time of the suspension or termination, whichever date occurred first.
  13. In the event that Xero receives an insufficient number of entries that meet the Entry Criteria and/or Xero is prevented from awarding the Prize or continuing with the Competition as contemplated herein by any event beyond its control, including without limitation, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite, technical or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, provincial, territorial, or local government law, order, or regulation, public health crisis (e.g. Covid19), order, tribunal or governmental authority, then Xero shall have the right to modify, suspend, or terminate the Competition. If the Competition is terminated before the designated end date, Xero will (if possible) judge all entries meeting the Entry Criteria received as of the date of the event giving rise to the termination.
  14. Any attempt by an Entrant or any other individual to undermine the legitimate operation of this Competition may be a violation of criminal and/or civil laws. Should any such attempt be made, Xero reserves the right to seek remedies and damages to the fullest extent permitted by law.
  15. Neither Xero nor its subsidiaries nor affiliates, nor any of their respective Representatives are responsible for (a) theft, alteration, destruction or unauthorized access to entries; (b) problems downloading or uploading any Competition-related information or data to or from any website or platform; (c) any other technical failures or malfunctions of, or experienced by, any electronic equipment, computer systems (including, without limitation, hardware, software, SaaS or other platforms, including, without limitation, any social media platform), servers, or service or other providers, phone lines, the public internet; or (d) failure of any electronic mail entry to be received by Xero on account of technical problems, traffic, congestion on the internet or any website or platform, or any other technical problems related to website or platform entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit your ability to participate in this Competition.
  16. This Competition is in no way sponsored, endorsed or administered by, or associated with The Bolognese Philosophy or any of the Winners’ local restaurants at which gift certificates are used.

Copies of the T&Cs and this Canada Schedule are available on Xero’s website (www.xero.com). If you have any questions regarding the Competition, or if you would like a list of the Competition Winners once they are named, please contact Xero at: hello@workflowmax.com

 

Schedule 2 - US Schedule 

The following additional terms and conditions (US Schedule) apply to Competition participants located in the United States of America. If there is a conflict between this US Schedule and the T&Cs, this US Schedule will control. Capitalized but undefined terms in this US Schedule have the meanings given to them in the T&Cs. 

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU ARE NOT REQUIRED TO BE A CUSTOMER OF XERO ALTHOUGH CUSTOMERS OF XERO ARE WELCOME TO ENTER. THE COMPETITION IS VOID WHERE PROHIBITED BY APPLICABLE LAW OR REGULATION.  

  1. The Competition Period will be open in the United States from 7pm Eastern Daylight Time on October 14, 2021 to 7pm Eastern Daylight Time on November 30, 2021.  
  2. Entrants must be a legal resident of the United States and be 18 years of age or older (or the age a majority in the state in which they reside) at the time of entry. Entrants must also have a physical address in the United States (excluding Puerto Rico and the U.S. Virgin Islands and other U.S. territories and possessions).Eligibility for the Competition is subject to all applicable federal, state and local laws, rules and regulations. You are responsible for confirming if your participation in the Competition or acceptance of a Prize violates any applicable law, rule, regulation, or contract between you and any third party (e.g.,  any existing assignment of rights or license to any intellectual property created by you).
  3. There are two ways to enter the Competition, both of which are online. The first way is as set out in Section 3 of the T&Cs. Alternatively, an Entrant will be deemed to be a Participant if during the Competition Period, you: (a) email socialmediateam@xero.com stating that you wish to be entered into the Competition and attach a copy of your answer; and (b) comply with the Terms.
  4. Entry in the Competition does not constitute entry into any other promotion, competition, contest or sweepstakes.
  5. Submissions for entry into the Competition received other than during the Competition Period, duplicate submissions, or all submissions that are incomplete, illegible, damaged, irregular, or that do not conform to, or satisfy, any condition of the Terms and any submissions received by automated means or means that subvert the entry process described in the Terms will be void.  Xero will determine in its sole discretion, what constitutes a valid entry. Proof of submission will not be deemed to be proof of receipt of entry by Xero. Xero has no obligation to notify you if your submission is void. 
  6. If you opt to access the Competition via your wireless mobile device, data rates may apply for each message sent or received according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless internet access) and may appear on your mobile phone bill, or be deducted from your prepaid account balance. Wireless carrier rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Competition. Wireless mobile device service (phone and/or data)  may not be available in all areas. Consult the manual for your wireless mobile device  for specific instructions. Xero is not responsible for any charges or lack of functionality of wireless mobile devices.  If you opt to access the Competition via a third-party’s wireless mobile device, you represent and warrant that you have permission from the device owner (and associated wireless account subscriber if different that the device owner) to do so and that you have advised such person(s) of the provisions of this Section 6 which apply to them as a result of your use of their wireless mobile device.  Xero expressly disclaims any and all liability related to your use of a third-party’s wireless mobile device (or other device) to access or participate in the Competition or to access any related online content.
  7. Neither Xero nor its subsidiaries nor affiliates, nor any of their respective Representatives are responsible for (a) theft, alteration, destruction or unauthorized access to entries; (b) problems downloading or uploading any Competition-related information or data to or from any website or platform; (c)  any other technical failures or malfunctions of, or experienced by, any electronic equipment, computer systems (including, without limitation, hardware, software, SaaS or other platforms, including, without limitation, any social media platform), servers, or service or other providers, phone lines, the public internet; or (d) failure of any electronic mail entry to be received by Xero on account of technical problems, traffic, congestion on the internet or any website or platform, or any other technical problems related to website or platform entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit your ability to participate in this Competition.
  8. For the purpose of determining the Winner, the judges shall consist of two (2) WorkFlow Max employees and one (1) Xero employee, and one (1) independent judge.. The judges will evaluate the caption based on the criteria identified in Section 6 of the T&Cs. In the event of a tie among entries, the tied entries will be re-submitted to Xero’s Director, Social Media for a re-judging between the tied entries alone. In the event that a tie remains after re-judging, the entry with the highest score in the originality criteria will win the tie and the results of the evaluation of such entries by the Judges. By entering the Competition, the Entrant agrees to abide by the Judges’ decisions, all of which shall be final.
  9. The Prize in the United States is a set of gratitude cards from The Bolognese Philosophy valued at 88USD, and a gift certificate for a meal at a restaurant of your choice, selected from a list of locally owned and operated restaurants provided to each Winner, valued at 75USD. Only the type and quantity of the prize described in the T&Cs and this US Schedule will be awarded.
  10. There are 60 Prizes total, with 5 Prizes to be awarded to Winners in the United States. Winners will be contacted within 7 days from the end of the Competition Period.  Xero will not be obligated to award all Prizes if there aren’t a sufficient number of qualifying entries. Only one Prize will be awarded per winning entry.
  11. Prize is provided on an “as is” basis and is not redeemable for cash. Winner is responsible for any and all applicable federal, state, and local taxes, if any, and for all other unspecified expenses, fees, charges, or duties associated with acceptance or use of the Prize.  No substitution of the Prize is permitted.
  12. Winners will be required to execute an Affidavit of Eligibility, a Liability Release (or similar document), and (where legal) a Publicity Release, and W-9 tax payer request for identification (collectively, "Prize Claim Documents").  If any Winner fails or refuses to reply as set forth above and sign and return all Prize Claim Documents within ten (10) business days of Prize notification, the Winner may be disqualified and will forfeit their Prize, and an alternate prize Winner may be selected by Xero in its sole discretion.  Once eligibility has been verified and Xero receives the Winner’s requested information, Xero will arrange to award the Prize. Winners must also complete any and all additional documents (e.g., legal or tax-related documents) provided by Xero (if any) in connection with the awarding of the Prize and return them as instructed within the time frame specified or Winner may be disqualified or forfeit Prizes at Xero’s sole discretion. If a potential Winner is unable to participate in or accept the Prize or any portion of the Prize for any reason, Xero will have no further obligation to the potential Winner. Prize or Prize Claim Documents returned as undeliverable will result in forfeiture of the Prize. Xero expressly reserves the right to delay the announcement of the Winner for any reason Xero deems necessary. In addition, Xero reserves the right to, in its sole discretion, select an alternate Winner in the event that any potential winner fails to comply with the Terms or fails to execute the documentation within the time frame specified.
  13. Xero reserves the right, in its sole discretion, to cancel, modify or suspend the Competition if any fraud or any other factor impairs the integrity or proper functioning of the Competition, or for any other reason whatsoever without liability.
  14. In the event that Xero receives an insufficient number of entries that meet the Entry Criteria and/or Xero is prevented from awarding the Prize or continuing with the Competition as contemplated herein by any event beyond its control, including without limitation, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite, technical or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g., Covid19), order of any court, tribunal or governmental authority, then Xero shall have the right to modify, suspend, or terminate the Competition. If the Competition is terminated before the designated end date, Xero will (if possible) judge all entries meeting the Entry Criteria received as of the date of the event giving rise to the termination.
  15. This Competition is in no way sponsored, endorsed or administered by, or associated with The Bolognese Philosophy or any of the Winners’ local restaurants at which gift certificates are used.
  16. To obtain the name of the Winners and correct solution (if applicable), please contact Xero at: hello@workflowmax.com.  All such requests must be received by December 31, 2021.