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Terms of Service

XPT Services Ltd
Last Updated: 30 April 2025

1. Introduction​

Welcome to XPT Services Ltd ("we," "us," or "our"). These Terms of Service ("Terms") govern your use of the services, products, or website (collectively, the "Services") provided by XPT Services Ltd. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.

These Terms are governed by the laws of New Zealand. We reserve the right to update or modify these Terms at any time. Any changes will take effect upon posting on our website or upon direct notification to you. By continuing to use our Services after any changes are posted, you agree to be bound by the revised Terms.

2. Eligibility​

To use our Services, you must:

  • Be at least 18 years of age or have the consent of a legal guardian;
  • Have the legal capacity to enter into a binding agreement under New Zealand law; and
  • Comply with these Terms and all applicable laws.

3. User Obligations​

You agree to:

  • Provide accurate, current, and complete information when using our Services;
  • Use the Services only for lawful purposes;
  • Not misuse, interfere with, or attempt to disrupt our Services (e.g., through hacking, introducing viruses, or unauthorized access);
  • Not reproduce, duplicate, or resell any part of our Services without prior written consent from XPT Services Ltd; and
  • Maintain the confidentiality of your account credentials (if applicable) and be responsible for all activities that occur under your account.

4. Payment Terms​

  • Pricing: All prices are in New Zealand Dollars (NZD) unless otherwise stated and include Goods and Services Tax (GST) where applicable.
  • Payment: Payment is due two (2) months after receipt of the invoice. Accepted payment methods include PayPal, credit card, or bank transfer.
  • Refunds: Refunds, if applicable, will be processed in accordance with the Consumer Guarantees Act 1993 (see Section 11 below).

5. Intellectual Property​

All content, trademarks, and materials related to our Services (including but not limited to text, logos, designs, and software) are the property of XPT Services Ltd or our licensors and are protected under New Zealand intellectual property laws. You may not use, reproduce, or distribute our intellectual property without our prior written permission.

6. Privacy​

Your use of our Services is subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information in compliance with the Privacy Act 2020 of New Zealand.

7. Token Services Disclaimer​

XPT Services Ltd acts solely as a technical service provider that issues or deploys crypto tokens at the direction of its clients. We do not:

  • Verify, validate, or endorse any representations made by clients about their tokens;
  • Provide financial advice or intermediary services under the Financial Markets Conduct Act 2013;
  • Accept any liability or responsibility for the legal classification, value, backing, or functionality of any token.

Any claims that a token represents, is linked to, or is backed by an asset, right, value, or entitlement ("Underlying Representations") are solely the responsibility of the client. XPT Services Ltd disclaims all liability—whether under contract, tort, equity, statute, or otherwise—to token holders or any third party in connection with such representations.

If there is any conflict between this clause and other provisions of these Terms, this clause shall prevail to the maximum extent permitted by law.

8. Limitation of Liability​

To the fullest extent permitted by New Zealand law:

  • XPT Services Ltd will not be liable for any indirect, incidental, or consequential damages, including but not limited to loss of profits, data, or goodwill, arising from your use of our Services, regardless of the cause of action (whether in contract, tort, or otherwise). This does not affect your statutory rights under the Consumer Guarantees Act 1993 or any other applicable legislation.

  • Our total liability to you for any claim under these Terms will not exceed the total amount you have paid us for the Services in the 12 months preceding the claim. This limitation does not apply in cases of gross negligence, fraud, or wilful misconduct.

  • Force Majeure: XPT Services Ltd will not be liable for any delay, disruption, or failure to perform its obligations due to events beyond its reasonable control ("Force Majeure Events"), including but not limited to acts of God, war, terrorism, natural disasters, strikes, government actions, technical failures, or service interruptions caused by third parties. We will notify you of any such event within a reasonable timeframe.

9. Termination​

We may terminate or suspend your access to our Services at our discretion, with or without notice, if you breach these Terms or engage in conduct we deem harmful to our business. You may terminate your use of our Services at any time by ceasing use and notifying us in writing. Upon termination, any provisions that by their nature should survive termination shall remain in effect, including but not limited to those relating to intellectual property, limitations of liability, and dispute resolution.

10. Disputes and Governing Law​

These Terms are governed by the laws of New Zealand. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts of New Zealand. Before initiating legal proceedings, we encourage you to contact us at [email protected] to attempt to resolve the issue informally.

11. Consumer Guarantees Act 1993​

If you are a consumer as defined under the Consumer Guarantees Act 1993, nothing in these Terms limits your rights under that Act. This includes guarantees that our Services will be:

  • Provided with reasonable care and skill;
  • Fit for their intended purpose; and
  • Completed within a reasonable time (where no time is specified).

If we fail to meet these guarantees, you may be entitled to a remedy, such as a repair, replacement, or refund.

12. Miscellaneous​

  • Indemnity: You agree to indemnify, defend, and hold harmless XPT Services Ltd, its directors, officers, and employees from any claims, liabilities, damages, losses, or expenses (including legal costs) arising out of your breach of these Terms, your use or misuse of the Services, or any third-party claims relating to your content, actions, or tokens.

  • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

  • Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

  • Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

13. Contact Us​

If you have any questions about these Terms, please contact us at:

Email: [email protected]
Phone: +64 21 0804 7593