Excellerate Performance Website & Privacy Policy

In these terms and conditions, “we” “us” and “our” refers to Excellerate Performance New Zealand. Your access to and use of all information on this website is provided subject to the following terms and conditions.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access the Excellerate website you read these terms and conditions.

 


Site Access


1. When you visit our website, we give you a limited licence to access and use our information for personal use.

2. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

3. Except as permitted under the Copyright Act 1962, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

4. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

 


Hyperlinks


5. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

6. You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

 


Intellectual Property Rights


7. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

8. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

9. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

10. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

 


Disclaimers


11. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.

12. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

13. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

14. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.  Limitation of Liability

15. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.

16. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from product/s we have supplied.

 


Indemnity


17. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

 


Force Majeure


18. If a Force Majeure event causing delay continues for more than thirty (30), we may terminate this Agreement by giving at least seven (7) Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

 


Jurisdiction


19. These terms and conditions are to be governed by and construed in accordance with the laws of New Zealand and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New Zealand and you agree to submit to the jurisdiction of those Courts.

20. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

 


Privacy


21. Our compliance with New Zealand privacy legislation is set out in our Privacy Policy below.

 

Excellerate Performance Privacy Policy

Excellerate is committed to protecting your privacy and safeguarding your personal details. We know that your privacy is important and we promise to respect it.

 


Our Privacy Policy


This web site is owned and operated by Excellerate Performance Ltd. and will be referred to as "We", "our" and "us" in this Internet Privacy Policy. By using this site, you agree to the Internet Privacy Policy of this web site ("the web site"), which is set out on this web site page. The Internet Privacy Policy relates to the collection and use of personal information you may supply to us through your conduct on the web site.

We reserve the right, at our discretion, to modify or remove portions of this Internet Privacy Policy at any time. This Internet Privacy Policy is in addition to any other terms and conditions applicable to the web site.

We recognise the importance of protecting the privacy of information collected about visitors to our web site, in particular information that is capable of identifying an individual ("personal information"). This Internet Privacy Policy governs the manner in which your personal information, obtained through the web site, will be dealt with. This Internet Privacy Policy should be reviewed periodically so that you are updated on any changes. We welcome your comments and feedback.


 


Personal Information


1. Personal information about visitors to our site is collected only when knowingly and voluntarily submitted. For example, we may need to collect such information to provide you with further services or to answer or forward any requests or enquiries. It is our intention that this policy will protect your personal information from being dealt with in any way that is inconsistent with applicable privacy laws in New Zealand.

 


Use of Information


2. Personal information that visitors submit to our site is used only for the purpose for which it is submitted or for such other secondary purposes that are related to the primary purpose, unless we disclose other uses in this Internet Privacy Policy or at the time of collection. Copies of correspondence sent from the web site, that may contain personal information, are stored as archives for record-keeping and back-up purposes only.

 


Collecting information on Registered members


3. As part of registering with us, we collect personal information about you in order for you to take full advantage of our services. To do this it may be necessary for you to provide additional information to us as detailed below.

4. Registration is completely optional. Excellerate members information is retained on a secure database, which is why members are required to enter a username and password to access protected pages within our website.

5. Registration may include submitting your name, email address, address, telephone numbers, option on receiving updates and promotional material and other information. You may access this information at any time by logging in and going to your account.

6. Excellerate will not sell or pass on your information to third parties. We may, from time to time, contact you to inform you of new services and products available from Excellerate that may be of interest to you. We respect your time and attention by controlling the frequency of our mailings

7. How can you stop receiving email from us?  We will always provide you with the ability to unsubscribe from our email mailing lists and member database at anytime through an easy automated link at the bottom of email communications. We will always honour your request.

 


Credit Card Details


8. Credit Card details are only stored (if at all) for the processing of payment and will be deleted once payment is processed.

 


Disclosure


9. Apart from where you have consented or disclosure is necessary to achieve the purpose for which it was submitted, personal information may be disclosed in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities. Also, we may disclose personal information when we believe in good faith that the law requires disclosure.

10. We may engage third parties to provide you with goods or services on our behalf. In that circumstance, we may disclose your personal information to those third parties in order to meet your request for goods or services.

 


Security


11. We strive to ensure the security, integrity and privacy of personal information submitted to our sites, and we review and update our security measures in light of current technologies. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.

12. However, we will endeavour to take all reasonable steps to protect the personal information you may transmit to us or from our online products and services. Once we do receive your transmission, we will also make our best efforts to ensure its security on our systems.

13. In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for events arising from unauthorised access to your personal information.

 


Collecting Information for Users


14. IP Addresses - Our web servers gather your IP address to assist with the diagnosis of problems or support issues with our services. Again, information is gathered in aggregate only and cannot be traced to an individual user.

15. Cookies and Applets - We use cookies to provide you with a better experience. These cookies and allow us to increase your security by storing your session ID and are a way of monitoring single user access.

16. This aggregate, non-personal information is collated and provided to us to assist in analysing the usage of the site.

 


Access to Information


17. We will endeavour to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date. If, at any time, you discover that information held about you is incorrect, you may contact us to have the information corrected.

18. In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us.  

 


Problems or questions


19. If we become aware of any ongoing concerns or problems with our web sites, we will take these issues seriously and work to address these concerns. If you have any further queries relating to our Privacy Policy, or you have a problem or complaint, please contact us. 

 


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0800EXCELNZ 392 356

New Zealand | Aotearoa

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