Terms of Use

This website is operated by In2Excellence Limited.

Please read these terms of use carefully before accessing or using our website. You can review the most current version of the terms of use at any time on this page.

1.      Definitions

1.1      The following terms have the following meanings:

               “we”, “us” and “our” means In2Excellence Limited

               “you” and “your” means any person accessing our website

               “website” and “site” means our website at www.in2excellence.co.nz or such other domain as determined by us from time to time.

2.      Acceptance

2.1      By using our website, you are deemed to have read and agreed to be bound by our privacy policy and these terms of use.

2.2      If you do not agree to all the terms and conditions in these terms of use, then you may not access our website or access any products or services via our website.

2.3      If these terms of use are considered an offer, acceptance is expressly limited to these terms of use.

2.4      We reserve the right to update, change or replace any part of these terms of use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes.

3.      General conditions

3.1      We reserve the right to refuse service to anyone for any reason at any time.

3.2      You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our website, access to our website, or any contact on our website without express written permission from us.

3.3      The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms of use.

4.      Accuracy, completeness and timeliness of information

4.1      We are not responsible if information made available on our site is not accurate, complete or current. The material on our site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

4.2      Our site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

5.      Changes to products and services

5.1      Prices for our products and services are subject to change without notice.

5.2      We reserve the right to modify or discontinue products and services (or any part or content thereof) without notice at any time.

5.3      We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product or service.

6.      Third-Party links

6.1      Certain content, products and services available via our website may include links to materials from third-parties.

6.2      We are not responsible for examining or evaluating the content or accuracy of third-party websites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

6.3      We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

7.      User submissions

7.1      If you send us submissions by email, via our website, by postal mail, or by any other means, then you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use your submission(s) in any medium in whole or in part, and we are and shall be under no obligation to:

  • maintain any submissions in confidence,
  • pay compensation for any submissions, or
  • respond to any submissions.

7.2      We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms of use.

7.3      You agree that any submissions you make will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your submissions will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our website or other related systems.

7.4      You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any submissions you make. You are solely responsible for any submissions you make, including their accuracy. We take no responsibility and assume no liability for your submissions.

8.      Personal information

8.1      Any submission of personal information is governed by our privacy policy which can be viewed here.

9.      Errors, inaccuracies and omissions

9.1      Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions and we reserve the right to correct any errors, inaccuracies or omissions, and to change or update information on any related website, at any time without prior notice.

9.1      We undertake no obligation to update, amend or clarify information on our or any other website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on any website should be taken to indicate that all information on that website has been modified or updated.

10.    Prohibited uses

10.1    In addition to other prohibitions set forth in these terms of use, you are prohibited from using our site or its content:

  • for any unlawful purpose,
  • to solicit others to perform or participate in any unlawful acts,
  • to violate any relevant regulations, rules, laws, or local ordinances,
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others,
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability,
  • to submit false or misleading information,
  • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our website, other websites, or the Internet,
  • to collect or track the personal information of others,
  • to spam, phish, pharm, pretext, spider, crawl, scrape, or other similar activity,
  • for any obscene or immoral purpose, or
  • to interfere with or circumvent the security features of our website, other websites, or the Internet.

10.2    We reserve the right to terminate your use of our website for violating any of the prohibited uses.

11.    Disclaimer of warranties and limitation of liability

11.1    We do not guarantee, represent or warrant that your use of our site will be uninterrupted, timely, secure or error-free.

11.2    We do not warrant that the results that may be obtained from the use of our website will be accurate or reliable.

11.3    You agree that from time to time we may remove our website for indefinite periods at any time, without notice to you.

11.4    You expressly agree that your use of, or inability to use, our website is at your sole risk. Our site is provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of quality, fitness for a particular purpose, durability, title, and non-infringement.

11.5    In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of our website, or for any other claim related in any way to your use of our website, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our website or any submissions posted, transmitted, or otherwise made available via our website, even if advised of their possibility. In any circumstances where the exclusion or limitation of liability for consequential or incidental damages is unlawful, our liability shall be limited to the maximum extent permitted by law.

12.    Indemnification

12.1     You agree to indemnify, defend and hold harmless us and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these terms of use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

13.    Severability

13.1    In the event that any provision of these terms of use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms of use, such determination shall not affect the validity and enforceability of any other remaining provisions.

14.    Termination

14.1    The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

14.2    These terms of use are effective unless and until terminated by either you or us. You may terminate these terms of use at any time by notifying us that you no longer wish to use our services, or when you cease using our site.

14.3    If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms of use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services or our website (or any part thereof).

15.    Entire agreement

15.1    The failure of us to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision.

15.2    These terms of use and any policies or operating rules posted by us on our site or in respect to our services constitutes the entire agreement and understanding between you and us and govern your use of our website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms of use).

15.3    Any ambiguities in the interpretation of these terms of use shall not be construed against the drafting party.

16.    Jurisdiction

16.1    Our website, including these terms of use, shall be governed by and construed in accordance with the laws of New Zealand.

17.    Contacting Us

17.1    If there are any questions regarding these terms of use, you may email us from our contact page.

Last Edited on 14 March 2017