1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of websites, services, software, and products provided by Streamline Business Group Limited and its operating subsidiaries and affiliates ("Streamline", "we", "us", "our").

BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, you must not access or use our Services.

2. Definitions

• "Services" means all websites, software, applications, products, documentation, and services provided by Streamline

• "User" or "you" means any person or entity accessing or using our Services

• "Content" means all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials

• "Agreement" means these Terms together with any applicable Master Subscription Agreement, Service Level Agreement, or other contract

3. Service Provision and Availability

3.1 Service Description

Streamline provides back office managed processing services including cloud services, infrastructure support, call centre services, business processing services, and bespoke software development as described on our websites from time to time.

3.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without notice. We may also impose limits on certain features or restrict access to parts or all of the Services without notice or liability.

3.3 No Guarantee of Availability

We do not guarantee that our Services will be available at all times. Services may be unavailable due to maintenance, updates, technical issues, or circumstances beyond our control. We shall not be liable for any unavailability of Services.

4. User Obligations and Acceptable Use

4.1 Account Responsibility

You are solely responsible for:

• Maintaining the confidentiality of your account credentials

• All activities that occur under your account

• Ensuring all account information is accurate and current

• Compliance with these Terms by all users of your account

4.2 Prohibited Uses

You agree not to:

• Use Services for any unlawful purpose or in violation of applicable laws

• Attempt to gain unauthorised access to any systems or networks

• Interfere with or disrupt the integrity or performance of Services

• Transmit viruses, malware, or other harmful code

• Reverse engineer, decompile, or disassemble any software

• Use Services to compete with Streamline or develop competing products

• Violate any intellectual property rights

• Transmit spam, unsolicited communications, or harmful content

4.3 Compliance

You warrant that your use of Services complies with all applicable laws, regulations, and third-party rights. You shall indemnify Streamline against any claims arising from your non-compliance.

5. Intellectual Property Rights

5.1 Streamline Property

All Services, including software, documentation, trademarks, and other materials, are the exclusive property of Streamline. We retain all right, title, and interest in our intellectual property.

5.2 User License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use Services solely for your internal business purposes.

5.3 User Content

You retain ownership of content you provide to us. However, by providing content, you grant Streamline a worldwide, royalty-free, perpetual license to use, modify, distribute, and display such content in connection with providing Services.

6. Privacy and Data

6.1 Data Collection

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

6.2 Data Processing

You consent to Streamline processing your data as necessary to provide Services, including international transfers and disclosure to third parties as outlined in our Privacy Policy.

7. Payment Terms

7.1 Fees

Fees for Services are as specified in applicable agreements or invoices. All fees are non-refundable unless expressly stated otherwise.

7.2 Payment Obligations

You agree to pay all fees when due. Failure to pay may result in immediate suspension or termination of Services without notice.

7.3 Price Changes

We reserve the right to change pricing at any time with reasonable notice. Continued use of Services after price changes constitutes acceptance.

8. Disclaimers and Limitations of Liability

8.1 Service Warranties

SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. To the maximum extent permitted by law, Streamline disclaims all warranties, express or implied, including:

• Merchantability and fitness for a particular purpose

• Non-infringement of third-party rights

• Accuracy, reliability, or completeness of Services

• Uninterrupted or error-free operation

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

STREAMLINE SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES

• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES

• SERVICE INTERRUPTIONS OR SECURITY BREACHES

• THIRD-PARTY ACTIONS OR CONTENT

• DAMAGES EXCEEDING THE FEES PAID TO STREAMLINE IN THE 12 MONTHS PRECEDING THE CLAIM

8.3 Essential Purpose

The limitations in this section apply even if any limited remedy fails of its essential purpose and regardless of the theory of liability.

9. Indemnification

You agree to indemnify, defend, and hold harmless Streamline and its officers, directors, employees, and agents from any claims, damages, losses, costs, and expenses (including reasonable attorney fees) arising from:

• Your use of Services

• Your violation of these Terms

• Your violation of any law or third-party rights

• Content you provide or transmit

• Any negligent or wrongful act or omission

10. Termination

10.1 Termination Rights

We may terminate or suspend your access immediately, without notice, for any reason including:

• Violation of these Terms

• Non-payment of fees

• Suspected fraudulent or illegal activity

• At our sole discretion

10.2 Effect of Termination

Upon termination:

• Your right to access Services ceases immediately

• We may delete your data and content

• Outstanding fees become immediately due

• Provisions that by nature should survive shall continue in effect

11. Dispute Resolution

11.1 Governing Law

These Terms are governed by New Zealand law without regard to conflict of law principles.

11.2 Jurisdiction

You agree to the exclusive jurisdiction of New Zealand courts for any disputes arising from these Terms or Services.

11.3 Limitation Period

Any claim against Streamline must be commenced within one (1) year of the cause of action arising, or be forever barred.

12. Force Majeure

Streamline shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labour disputes, government actions, or technical failures.

13. General Provisions

13.1 Entire Agreement

These Terms constitute the entire agreement between you and Streamline regarding Services, superseding all prior agreements.

13.2 Amendments

We may modify these Terms at any time by posting updated Terms on our website. Your continued use constitutes acceptance of modifications.

13.3 Severability

If any provision is found unenforceable, the remainder shall remain in full force and effect.

13.4 Assignment

We may assign these Terms without restriction. You may not assign your rights without our written consent.

13.5 Waiver

Our failure to enforce any provision does not waive our right to enforce it later.

13.6 Survival

Provisions that by their nature should survive termination shall continue, including intellectual property rights, disclaimers, limitations of liability, and indemnification.

14. Third-Party Services and Links

14.1 Third-Party Integration

Services may integrate with or link to third-party services. We are not responsible for third-party services, their content, privacy practices, or availability.

14.2 No Endorsement

Links to third-party sites do not constitute endorsement by Streamline. Use of third-party services is at your own risk.

15. Software and Downloads

15.1 Software License

Software downloaded from our Services is governed by applicable license agreements. Unauthorised reproduction or redistribution is strictly prohibited.

15.2 Updates

We may provide updates to software at our discretion. Updates may modify functionality or require acceptance of new terms.

16. Data Security and Breaches

16.1 Security Measures

We implement reasonable security measures but cannot guarantee absolute security. You acknowledge that internet transmission carries inherent risks.

16.2 Breach Notification

We will provide breach notifications as required by applicable law, but are not liable for security breaches or their consequences.

17. Contact Information

For questions about these Terms:

Legal Officer
Streamline Business Group Limited
Email: legal.officer@streamlinebusiness.group

IMPORTANT: These Terms contain limitations of liability and other provisions that limit our legal obligations to you. Please read carefully before using our Services.

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.