Terms & Conditions

Terms & Conditions for use of the XPO Leads mobile app:

(“the company”) XPO Exhibitions Ltd (XPO) agrees to supply access to its XPO Leads App and any specified electronic tablet (“the Equipment”) and services to the Customer upon these terms and conditions:

1. SUPPLY: The Customer acknowledges and agrees that the Company will supply to the Customer access to the XPO Leads App and the Equipment for the fee stated on the Order Form (“the Fee”) for the duration of the event as described on the Order Form.

2. CONDITION: The Customer acknowledges and agrees that the Equipment has been received in good working order and condition and that it must return the Equipment including power accessories to the Company in the same condition.

3. OPERATION: The Customer (for itself and its employees and representatives) will at all times be responsible for the operation and care of the Equipment in accordance with the Instructions. The Company shall not be liable for the failure to record information or loss of information or any loss or damage

of any kind arising from the negligence of the Customer or its employees or representatives nor from any Equipment malfunction. The Customer and its employees and representatives shall be responsible to ensure that there is in each case a successful read in accordance with the Instructions and if not the operator must cease use of the XPO Leads App and the Equipment and record the information by other means. In such case the Company shall be notified immediately (or as soon as is practical) and agrees to use its best endeavors to reissue access to the XPO Leads App and/or replace the Equipment as soon as possible. If the Company is unable to replace the Equipment the Company’s only obligation will be to refund to the Customer a pro rata proportion of the Fee on the basis of the time that the Equipment was operational.

4. NO FURTHER LIABILITY: The Company shall not be liable in any case to the Customer or any third party for any consequential damages arising from the failure of the XPO Leads App or the Equipment to accurately record information for any reason or cause including malfunction of the XPO Leads App or the Equipment or the failure of the Company to provide alternate access or alternate Equipment in a timely manner. The maximum liability of the Company in any case shall be limited to the total Fee. In consideration of the Company agreement to supply access to the XPO Leads App and the Equipment to the Customer at the Customer’s request, the Customer hereby releases the Company from, and agrees to indemnify the Company in respect of the following, namely any Customer or third party claims, actions, suits, demands, costs and expenses, loss, damage or injury arising directly or indirectly out of the use of the XPO Leads App or the Equipment and/or the Company’s services.

5. RETURN OF EQUIPMENT: It is the Customer’s responsibility to return the Equipment including power accessories to the Company’s service desk located at the event venue within one (1) hour of the event closing. The Customer must obtain a receipt as proof of the return of the Equipment, Case and the Instructions. Damaged or non-returned Equipment and accessories will be charged to the Customer at the rates shown on the Order Form. Should the Company recover possession of Equipment that has not been returned to the Company by the Customer, the Customer shall pay to the Company an abandonment fee of two hundred dollars ($200.00). In no way does this absolve the Customer from its responsibility to return the Equipment to the Company in accordance with these terms.

6. LOST OR DAMAGED EQUIPMENT: The Customer acknowledges and agrees that the replacement cost of lost Equipment is three hundred dollars ($NZD300.00). In the event of the Customer failing to return the Equipment and the Company failing to recover possession of the Equipment or in the events of the Equipment being damaged whilst in the custody and control of the Customer (normal wear and tear excluded), the Customer must pay to the Company (or as directed by the Company) on demand and without deduction or set-off, the agreed sum of three hundred dollars ($NZD300.00). If the Customer fails to make payment as aforesaid the Company shall be entitled to charge the Customer in addition to recovering the agreed replacement cost of the Equipment, a rental of the amount shown on the Order Form per week outstanding.

7. PROPER LAW: The agreement shall be governed, construed and enforced in accordance with the laws of New Zealand and the Company and the Customer agree to submit to the exclusive jurisdiction of the courts of that country.