In this Agreement the following terms and expressions have the following meanings:-

"Child" means any person under the age of 13 years of age and "Children" shall be construed accordingly;

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

"Covered Party" means Kiwiclean Holdings Ltd, its franchisees and any of their respective officers, directors, employees, subcontractors, agents, successors or assigns;

"Kiwiclean Forums" means such discussion forums, ratings, comments, bulletin board services, communities and/or other message or communication facilities accessible by Users on the Site;

"Site" means the Kiwiclean Holdings Ltd website and any replacement website from time to time;

"User" means any individual who accesses the Site;

"We", "us" or "Kiwiclean" means Kiwiclean Holdings Ltd and any of its subsidiaries from time to time.

By accepting this Agreement you warrant that you have the required legal capacity to enter into this Agreement and that any information you may submit on the Site or to us at any time is true and accurate and not misleading - We are not responsible for any information provided by a User on the Site.

By accessing the Site, you grant us all right to monitor your access, usage and actions during such access.  Kiwiclean may disclose this information as set out in Clause 3 below.

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.  You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure.

We have made reasonable efforts to ensure that the information and data contained in the Site is accurate and current) but make NO WARANTIES OR REPRESENTATIONS AS TO ITS ACCURACY.  Users acknowledge that the access and use of the Site is entirely at their own risk.

From time to time we may provide links to other third-party websites.  Kiwiclean has not reviewed all of these sites in their entirety and does not assume any responsibility or liability for any communications or materials available at such linked sites.  Links on the Site are provided for reference only and Kiwiclean does not intend them to be endorsements of the linked entities.

You may provide links to our Site from locations outside of our Site with our prior written approval.

We are committed to ensuring the privacy of Users.  Use of the Site is governed by our Privacy Policy.

The Site and the Content used and displayed on the Site together with all names, logos, caricatures, trademarks, service marks and all other materials are the property of Kiwiclean Holdings Ltd and its licensors and are protected by copyright, trademark and other laws. ALL RIGHTS ARE RESERVED.

Kiwiclean permits the electronic copying and/or reduction to hard copy of any section of the Site solely for personal use unless specifically prohibited by a notice published on any page.  You agree not to otherwise modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, circulate, decompile, reverse engineer, disassemble, rent, lease, loan, sublicense or create derivative works from any such material without our written permission.

You agree that all Content posted on any of the Kiwiclean Forums ("Content") are the responsibility of the User posting such material.  We have no responsibility for such Content and are merely providing access thereto as a service to you and under no circumstances will we be liable in any way for any such Content , including, but not limited to, any errors or omissions, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed, transmitted or otherwise made available on the Kiwiclean Forums.

BY THEIR VERY NATURE, KIWICLEAN FORUMS MAY CARRY OFFENSIVE, HARMFUL OR INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE.  WE EXPECT YOU TO USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING KIWICLEAN FORUMS.

When using any of the Kiwiclean Forums, you agree not to:-

upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

harm minors in any way;

impersonate any person or entity, including, but not limited to, an employee of Kiwiclean, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;

upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by any national or other securities exchange, including, without limitation, the NZX, and any regulations having the force of law;

"stalk" or otherwise harass another;

collect or store personal data about other users

We believe that it is particularly important to protect the privacy of Children.  For this purpose, we strongly recommend adult supervision of all Child Users during their use of the Site.  We encourage parents of any Child Users to fully read and understand this Agreement prior to any usage by such Child User of the Site.

Use of the Site is Free.

If you breach any of the terms or conditions of this Agreement, Kiwiclean Holdings Ltd reserves the right to immediately terminate this Agreement and refuse access to the Site without providing reason or cause.

You may terminate this Agreement with or without cause by providing us with 30 days advance notice, but such termination will not affect your responsibilities and liabilities outstanding as at the date of effective termination.

You agree to indemnify and hold any Covered Party harmless from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of your use of or conduct relating to the Site.

We accept no liability for, the quality, accuracy or legality of the information posted on the Site, whether by Kiwiclean, any User or another third party.

The materials on the Site are provided on an "as is" and "as available" basis and no representation or warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement, arising under statute or under the common law, or from a course of dealing, or custom, or trade practice, is made in relation to the accuracy, reliability, completeness, up-to-date nature or contents of the materials or pages on the Site and we disclaim all responsibility and liability therefor.

Under no circumstances, including but not limited to negligence, shall we be liable for any direct, indirect, incidental or consequential damages and or loss (to include loss of profits, loss of use or loss of data) suffered by any person acting or refraining from action as a result of or in connection with material on the Site, unauthorised access to or alteration of your transmission or data, or any material or data sent or received or not sent or received.

Nothing in this Agreement shall limit the liability of any Covered Party for death or personal injury resulting from the negligence of such Covered Party.

Use of the Site is governed by New Zealand Law.  Kiwiclean and each User irrevocably submits to the exclusive jurisdiction of the New Zealand Courts.

If you are not resident in New Zealand please be aware that the laws of your country might differ from the laws of New Zealand.

Our failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

You may not assign your rights or delegate your duties under this Agreement.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between Kiwiclean and any User is intended or created by this Agreement.

This Agreement and any documents incorporated by an express reference constitute the entire agreement between the parties with respect to the subject matter hereof.  All prior agreements, understandings, negotiations or representations, whether oral or in writing, relating to the subject matter hereof are superseded and cancelled in their entirety.

If any provision hereof is adjudged to be invalid, void, or unenforceable, the parties agree that the remaining provisions hereof will not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and this Agreement will in any event remain valid and enforceable.

Kiwiclean shall not be liable for any failure to perform its obligations under this Agreement if such failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic or communications failure).

KIWICLEAN and the KIWICLEAN logo is a registered trademark of Kiwiclean Holdings Ltd.  No third party shall make any use of such trademarks or any other third party trade marks licensed by us for use on the Site without our express written consent.