Terms of Service
1. Acceptance of these Terms
These Terms of Service (the “Terms”) govern your access to and use of the Experieco website at experieco.com (the “Site”) and the services we provide (the “Services”). By using the Site, or by engaging Experieco to provide Services, you agree to these Terms. If you do not agree, please do not use the Site or our Services.
Experieco Limited (company number 4194718) is a New Zealand company based at L2, 98 Carlton Gore Road, Newmarket, Auckland (“Experieco”, “we”, “us” or “our”).
Where we enter into a signed Master Services Agreement or Statement of Work with you, those documents govern that engagement and prevail over these Terms to the extent of any inconsistency.
2. Eligibility
The Site and Services are intended for business users. By using them, you confirm that you are at least 18 years old and that, where you act for an organisation, you have authority to bind that organisation to these Terms.
We do not direct the Site or Services to consumers or to children.
3. Our Services
Experieco provides information technology, software development and related professional services. The Site provides information about Experieco and its Services.
The scope, deliverables, charges and timeframes for any engagement are set out in a Statement of Work agreed with you under our Master Services Agreement. The Site does not itself constitute an offer to provide Services.
4. Acceptable Use
When using the Site, and any portals, systems or deliverables we make available to you, you agree that you will not:
(a) use them for any unlawful, fraudulent or harmful purpose;
(b) attempt to gain unauthorised access to, or disrupt or compromise the security or integrity of, any system, network or data;
(c) introduce any virus, malware or other harmful code;
(d) copy, scrape, reproduce or redistribute Site content except as expressly permitted;
(e) infringe the intellectual property, privacy or other rights of any person; or
(f) misuse, overload or interfere with the normal operation of the Site or our systems.
We may suspend or withdraw access if we reasonably believe you have breached this section.
5. Accounts and Access
Where we provide you with login credentials or access to a portal, system or deliverable, you are responsible for keeping those credentials secure and for all activity that occurs under them. You agree to notify us promptly of any suspected unauthorised use. We may suspend access where necessary to protect the security of our systems or data.
6. Your Responsibilities
You agree to provide accurate information, to cooperate reasonably with us, to use the Site and Services lawfully, and to obtain any consents and approvals needed for us to perform the Services. You are responsible for the accuracy of any material you provide to us and for ensuring it does not infringe the rights of any third party.
7. Intellectual Property
The Site and all content on it, together with Experieco's methodologies, tools and know-how, are owned by Experieco or its licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, revocable licence to access and use the Site for its intended purpose. You may not copy, modify or distribute Site content without our prior written consent.
Ownership of any deliverables created for you, and of background intellectual property, is dealt with in our Master Services Agreement and the relevant Statement of Work.
8. Privacy and Security
We handle personal information in accordance with the Privacy Act 2020 and our Privacy Policy. We maintain an information security management system aligned with ISO/IEC 27001 to protect the data we hold. For more detail, see our Privacy Policy at experieco.com [insert link].
9. Fees and Payment
Where you engage us for Services, fees are payable as set out in the relevant Statement of Work. Use of the Site itself is free of charge.
10. Disclaimers
The Site and its content are provided on an “as is” and “as available” basis. To the extent permitted by law, we exclude all implied warranties in relation to the Site, including as to accuracy, availability or fitness for a particular purpose.
Services are provided with reasonable skill and care and in accordance with the warranties in our Master Services Agreement. Where you acquire Services for the purposes of a business, the Consumer Guarantees Act 1993 does not apply.
11. Limitation of Liability
To the extent permitted by law, neither party is liable for any indirect or consequential loss, or for any loss of profit, revenue, goodwill or data.
Our total aggregate liability arising from your use of the Site, or in connection with an engagement, is limited to the lesser of the fees you paid for the relevant Services in the twelve (12) months before the event giving rise to the liability, or NZ$1,000,000.
Nothing in these Terms limits liability that cannot be limited by law, including for death or personal injury caused by negligence, or for fraud.
12. Termination
You may stop using the Site at any time. We may suspend or terminate your access to the Site, or to any portal or system, if you breach these Terms or where necessary to protect our systems or other users. Termination of any engagement for Services is governed by our Master Services Agreement. Sections that by their nature should survive termination, including intellectual property, disclaimers and limitation of liability, will continue to apply.
13. Changes to these Terms
We may update these Terms from time to time to reflect changes to our Services or legal requirements. When we do, we will revise the “last updated” date at the top of this page. Significant changes take effect when posted, and your continued use of the Site or Services after that date means you accept the updated Terms.
14. Governing Law
These Terms are governed by the laws of New Zealand, and you submit to the non-exclusive jurisdiction of the New Zealand courts. These Terms apply to all users regardless of location; we do not currently publish region-specific terms.
If a dispute arises, we ask that you contact us first so we can try to resolve it. Disputes relating to an engagement follow the dispute resolution process in our Master Services Agreement.
15. Contact Us
If you have any questions about these Terms, contact Experieco at L2, 98 Carlton Gore Road, Newmarket, Auckland, New Zealand, or via experieco.com.